The Bail Act 1976 gives a general right to bail, no matter how serious the offence. the 2003 criminal justice act amended this which restricted rights to adults who tested positive for class a drugs and refuse to be assessed or refused to participate in t

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Bail assignment 2.11

a)The meaning of bail means a suspect/defendant is given liberty- the chance to go back to their ordinary lives, until the next stage of their case. The Bail Act 1976 gives a general right to bail, no matter how serious the offence. the 2003 criminal justice act amended this which restricted rights to adults who tested positive for class a drugs and refuse to be assessed or refused to participate in treatment. In the 1976 bail act if the defendant released on bail doesn’t surrender to custody , they are automatically guilty of an offence.

However the magistrates can refuse bail where there are substantial grounds to believe the defendant will: not surrender to bail, commit an offence, interfere with witnesses. when the court is deciding whether of not to grant bail they will consider certain factors such as the nature and seriousness of the offence.

 

The courts are governed by the provisions found in the bail act 1976 and there is a presumptive right to bail under section 4 and it can only be refused on conditions set out in the act. but the underlying doctrine is clear -unnecessary resort to custody is legally wrong as it is morally offensive. However there are three principles which should guide decision makers in their treatment of defendants waiting trial. these are that unconvinced persons should be presumed to be  innocent and treated accordingly. the public has a right to be protected against individuals who could pose a threat and justice delayed is justice denied.

Under s.4 of the bail act 1976 there is a presumption that unconvinced suspects will be given bail. this ties in with the fact that everyone is innocent until proven guilty .however the general public have a right to be protected from criminals .This means that the criminal justice system must balance against the freedom of individuals and the protection of the public .At present the policy is leaning towards protection of the public. The defendant therefore has a right to bail unless the court feels the suspect comes under one of the exceptions to the rule

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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 ...

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