Bail

Question 1

S4 Criminal Justice Act 2003

Answer 1

Criminal allowed to be released if they report back to police at specific times. (police bail)

Question 2

S3 Bail Act 1976

Answer 2

Allows bail to be granted unless reasonable doubt

Question 3

What might be “reasonable doubt” in terms of not granting bail?

Answer 3

1. Fail To surrender to custody
2. May commit further offences on bail
3. Defendant may interfere with witnesses or evidence

Question 4

S4 Bail Act 1976

Answer 4

Conditions for bail

Question 5

Name some conditions for bail

Answer 5

1. Ankle monitor
2. Curfew

Question 6

Police, Crime, Courts and sentencing act 2022

Answer 6

Presumption against bail

Question 7

Why might there be an assumption against bail?

Answer 7

1. Seriousness of offences
2. Flight risk
3. Risk of reoffending

Question 8

Garry Newlove

Answer 8

Was assaulted to death due to an offender who was released on conditional bail.

Question 9

Jonathan Vass

Answer 9

Was put on street bail but reoffended by murdering.

Question 10

Leanne hodgson

Answer 10

Was presumed against bail for the seriousness of her crimes in the England riots.

Question 11

Kay’s Law

Answer 11

Brought about the Police, crime, court and sentencing act 2022.

Question 12

What did LASPO12 add to s4 Bail Act 1976?

Answer 12

If there may be an attack on an “assosiated person” in a domestic violence case, there is an presumption against bail.

Question 13

s90 Legal Aid, Sentencing and punishment of offenders Act 2012

Answer 13

Court HAVE to grant bail if imprisonment is not a likely outcome.

Question 14

What “Test” is under s90 LASPO12?

Answer 14

“No real prospect test”

Question 15

What is the “no real prospect test”?

Answer 15

Court must decide if imprisonment is a likely option and if not then they have to grant bail.

Question 16

What SECTION of which ACT grants courts the ability to grant bail?

Answer 16

s4 Bail Act 1976 - with the presumption of bail.

Question 17

CASE for court bail

Answer 17

Jonathan vass

Question 18

s25 Criminal justice and public order act 1994

Answer 18

Stricter rules on bail for cases like murder and rape

Question 19

What section of which law allows a criminal to be released if they report back to police at specific times?

Answer 19

Section 4 Criminal Justice Act 2003

Question 20

What section of which law allows bail to be granted unless there is reasonable doubt?

Answer 20

Section 3 Bail Act 1976

Question 21

Which grounds might create reasonable doubt for granting bail, such as risk of reoffending or interfering with witnesses?

Answer 21

Fail to surrender to custody, may commit further offences, may interfere with witnesses or evidence

Question 22

What section of which law sets out the conditions for granting bail?

Answer 22

Section 4 Bail Act 1976

Question 23

What are some examples of bail conditions a court might impose?

Answer 23

Ankle monitor, curfew, surrender passport

Question 24

What law introduced the presumption against bail?

Answer 24

Police, Crime, Courts and Sentencing Act 2022

Question 25

Why might there be an assumption against granting bail?

Answer 25

Seriousness of offences, flight risk, risk of reoffending

Question 26

Who was killed by an offender who had been released on conditional bail?

Answer 26

Garry Newlove

Question 27

Who reoffended and committed murder after being given street bail?

Answer 27

Jonathan Vass

Question 28

Who was refused bail due to the seriousness of their crimes during the England riots?

Answer 28

Leanne Hodgson

Question 29

What law was introduced as part of the Police, Crime, Courts and Sentencing Act 2022?

Answer 29

Kay’s Law

Question 30

What addition did LASPO 2012 make to section 4 of the Bail Act regarding domestic violence cases?

Answer 30

Introduced a presumption against bail if there may be an attack on an associated person

Question 31

What section of which law requires courts to grant bail if imprisonment is not a likely outcome?

Answer 31

Section 90 Legal Aid, Sentencing and Punishment of Offenders Act 2012

Question 32

What test is used under section 90 of LASPO 2012?

Answer 32

No real prospect test

Question 33

What does the “no real prospect test” decide in bail cases?

Answer 33

If imprisonment is not likely, bail must be granted

Question 34

What section of which law gives courts the power to grant bail with a presumption in favour of it?

Answer 34

Section 4 Bail Act 1976

Question 35

What case shows the dangers of bail decisions made by the courts?

Answer 35

Jonathan Vass

Question 36

What section of which law introduced stricter rules on bail for serious offences like murder and rape?

Answer 36

Section 25 Criminal Justice and Public Order Act 1994

Question 37

Which case imposed the conditions of staying home, not talking to victims and surrendered passport?

Answer 37

R v Dave Lee Travis 2012

Question 38

How many offenders fail to appear at their trial after bail is granted?

Answer 38

12%

Question 39

12% is the number of...?

Answer 39

People that fail to appear at their trial after being granted bail.

Question 40

What were the conditions in R v Dave Lee Travis 2012?

Answer 40

His conditions were not being allowed to contact the victims, had to stay in his house and had to surrender his passport.

Question 41

When can bail be refused relating to Class A drugs?

Answer 41

When the suspect tests positive for Class A drugs and the offence is connected with Class A drugs – s19 Criminal Justice Act 2003.

Question 42

What law applies when the offence is committed while already on bail?

Answer 42

Bail may be refused where the offence was committed on bail – s14 Criminal Justice Act 2003.

Question 43

When is bail in murder, manslaughter, or rape only allowed in exceptional circumstances?

Answer 43

When the defendant has previously served a custodial sentence for murder, manslaughter, or rape and is again charged with one of those offences – Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Question 44

Who can grant bail in murder cases?

Answer 44

Only a Crown Court judge may grant bail in murder cases – s115 Coroners and Justice Act 2009.

Question 45

How does bail affect prison population and costs?

Answer 45

Reduces the number of defendants on remand, lowering government costs.

Question 46

How does bail affect a defendant’s personal life?

Answer 46

Allows defendant to keep employment and family contact during the bail period.

Question 47

How does bail help a defendant prepare for trial?

Answer 47

Bail allows unrestricted access to legal representatives and time to prepare the defence before trial.

Question 48

What is a problem with how the Bail Act 1976 is applied?

Answer 48

There is disparity and inconsistency between courts in interpreting the Bail Act 1976.

Question 49

What risk does granting bail create in relation to witnesses?

Answer 49

The defendant may interfere with witnesses or obstruct the course of justice.

Question 50

What proportion of bailed defendants fail to appear at trial?

Answer 50

Around 12% fail to surrender to bail, showing a risk of absconding.

Question 51

What do statistics show about reoffending while on bail?

Answer 51

A significant number of further offences are committed by people on bail.

Question 52

Which law lists the factors courts must consider when deciding whether to grant bail?

Answer 52

Schedule 9, Bail Act 1976 – factors considered by the court when deciding whether to grant bail.

Question 53

In deciding whether to grant bail, what factor relates to how serious the allegation is?

Answer 53

The nature and seriousness of the offence – Schedule 9, Bail Act 1976.

Question 54

In deciding bail, what factor relates to the defendant’s background and connections?

Answer 54

The defendant’s character, past record, associations and community ties – Schedule 9, Bail Act 1976.

Question 54

In deciding bail, what factor relates to whether the defendant has previously attended court when required?

Answer 54

The defendant’s record of surrendering to bail on previous occasions – Schedule 9, Bail Act 1976.

Question 54

In deciding bail, what factor relates to the defendant’s background and connections?

Answer 54

The defendant’s character, past record, associations and community ties – Schedule 9, Bail Act 1976.

Question 55

In deciding bail, what factor relates to how strong the prosecution case appears?

Answer 55

The strength of the evidence against the defendant – Schedule 9, Bail Act 1976.

Question 56

List all four Schedule 9 Bail Act 1976 factors in order.

Answer 56

1. Nature and seriousness of the offence 2. Character, past record, associations, community ties 3. Record of surrendering to bail previously 4. Strength of the evidence against the defendant

Question 57

R v scott 2007

Answer 57

D surrendered bail 30 minutes late. Court held that even trifling (de minimis) breaches can be serious.

Question 58

Andrew Hagans 1991

Answer 58

Murdered Anna McGurk. Led to the Bail (Ammendment) Act 1993.

Question 59

Which case led to the Bail (Ammendment) Act 1993?

Answer 59

Andrew Hagans 1991