There is no right to bail at the police station. When a magistrate issues a warrant for arrest he may endorse it for bail, ie, give a written direction that the person to be arrested is to be released on bail subject to a duty to appear before a magistrates' court on the date specified and with the amount in which any surety is to be bound. If the police charge a suspect with an offence and are they are not willing to grant them bail they must bring the defendant before the Magistrates' Court at the first possible opportunity.It is not usually possible for the Magistrates to deal with the case there and then so they must make the decision whether the defendant is granted bail or remanded in custody. It is only in a very small percentage of cases that the police refuse bail. The main statute relating to whether a defendant should be granted bail by the Magistrates' Court is the Bail Act 1976
A police off on patrol have the power under s.4 criminal justice act 2003 to grant unconditional bail only .this would be assuming that the suspect should report to the police station at a later date specified by the officer. This is often referred to as ‘street bail’. However this has not been very effective as suspects have been known to give fake details.
The police can attach conditions if this appears to be necessary for ensuring that the defendant surrenders to custody, does not commit an offence while on bail, or does not interfere with witnesses or otherwise obstruct the course of justice (s3 Bail Act 1976, as amended by s27 CJPOA 1994).where defendant is charged with a serious offence and has a previous conviction for such an offence, bail only granted in exceptional circumstances – Criminal Justice and Public Order Act 1994 (as amended by Crime and Disorder Act 1998)
Condition that are imposed by the courts to prevent suspects from not surrendering to court a few examples of these would be asking the suspect to surrender their passport to stop then from running away to another country, to report regularly to the police station to endure that that there trustworthy to be on bail and get another person to stand surety for them.
Where an adult offender has tested positive for certain Class A drugs s19 of the Criminal Justice Act 2003 places restrictions on the granting of bail, where the defendant is believe to have taken drugs which was the caused or contributed to the offence and the defendant has refused to agree to an assessment regarding their dependency upon certain class a drugs
A good way courts try to refute defendant from not surrendering to bail is sureties. A surety is a person ho is prepared to pay a significant amount of money to the court if the defendant fails to attend court. A surety cannot have a criminal record and would need to provide proof that necessary funds are available such as bank statements
b)Only two applications of bail can be made, as it each process will cost time-as applications as to be thoroughly examined to make sure that the right people have the right to bail and money-as lawyers and judges have to to be paid for the extra time that they would bneed to spend on the case and the court will assume if you have been refuse bail twice then there is a reason ,as bail is considered a serious matter and so the if the second appeal goes along with the first one then the judgement must be and so would just advise the defendant to wait until trial.
The effect of remand on the defendant could be serious as it may effect their lives significantly so this is why granting bail is such an important issue. The suspect may become unemployed as the boss may not want to company to be associated with a thought to be criminal,as the current policy on bail that it usually given unless the defendant poses harm to the public. Also it may be difficult to get lawyers as they are less likely to want to represent someone who they would believe that there is a strong possibility that they are guilty. Also thee refusal of bail may have a significant effect on the outcome of a trial since research shows that suspects retained in custody are more likely to plead guilty, to be convicted and to be imprisoned, than suspects who are granted bail.
The advantages of bail for the defendant are that it allows them the right to remain free until the end of the trial period, which if they are innocent means they haven’t had to endure any unwarranted jail time, and if they are guilty gives them that last few weeks, sometimes months with their friends and family before facing their punishment. During the time of a trial it is extremely stressful and being imprisoned during it can make the experience ten times worse and make meetings with lawyer’s a lot harder, jeopardising the case.
There are some major financial disadvantages for the defendant, which if innocent proves an unwanted, unneeded and unjust waste of money. And if guilty may cause financial ruin to loved ones who just wanted to help
Allowing a defendant to be released on bail, although maybe risky cuts the funding needed to detain them. Prisoners have to fed and treated accordingly as the defendant have a fundamental human right that they are innocent until proven guilty and so should;d be treated better than a convicted criminal. These would include such things as getting more phone calls to family and friends ,the cost of one person isn’t a lot but with thousands of people brought in each week it can cut a considerable amount of expenses.
The major disadvantage that the state might face when granting bail is that the defendant may never come back, going on the run or fleeing the country. Although they get paid the bail amount from sureties there may be a dangerous criminal on the loose. In the long run this may also waste government spending trying to track down the individual. Many feel it would be safer to keep everyone detained.
The advantages for the government and police on remand is that it looks good on them that there are trying to keep the public safe and thuis giving them a good image,that advantage of remand on the defendant is that it may keep the public safe if the defendant ids considered to be dangerous harm