what is bail?
An important pre trial matter to be decided as to whether the suspect should remain in custody awaiting trial or whether they should be released until trial.
what right does bail uphold
Not granting bail has to be justifiable otherwise there is an argument that the suspects article 5 right to liberty has been violated.
what does section 4 of the Bail Act 1976 entail
there is a presumption in favor of bail
when is bail not presumed
- if another offense has been committed whilst on bail
- must be exceptional circumstances for bail to be granted in cases involving indictable offences.
what are some benefits to the general presumption in favor of bail under s.4
-Protects article 5
-Reflects the legal principle of innocence until proven guilty.
- Reduces prison overcrowding and associated costs.
what are some disadvantages to the presumption
-Can risk reoffending or absconding, especially for serious crimes as seen in R v Latif ( drug offences, reoffended)
- Police and courts may have to carefully manage conditions to protect the public.
what are the options that the police have in relation to bail (police powers)
- Street bail
- Pre - charge bail
- Sect 37 PACE 84’ - report back to police station
- Post Charge Bail - Sect 39 PACE 84’ - No reason to release a person in custody after being charged - police decide on bail until early administrative hearing
- Conditional police bail
What are the advantages of police having powers in relation to deciding bail for suspects
-Quick decisions: Police bail allows suspects to be released promptly without waiting for a court, protecting individual liberty.
- Risk management: Conditions on bail help reduce the risk of reoffending or absconding.
- Flexibility: Police can tailor bail conditions to the circumstances of the suspect and offence.
What are the disadvantages of police having powers in relation to deciding bail
- Inconsistency: Decisions can vary between forces, leading to perceived unfairness.
-Risk of errors: Police may grant bail to someone who then reoffends or absconds, leading to public criticism.
-Limited oversight: Unlike court bail, police bail decisions may have less immediate scrutiny, though they can be reviewed later.
what happens when police decide that bail cannot be granted
the case is brought before the magistrates court
what is street bail
Street bail is when the police release a suspect immediately after arrest without charging them, usually with a requirement to return to the police station on a specified date.
what are advantages of street bail
Protects individual liberty: Suspects are not kept in custody unnecessarily.
Reduces police station and prison overcrowding
Flexible and efficient for police
proportionate for minor offences
what are the disadvantages for street bail
Limited oversight: Decisions are made by police officers, so there is less judicial scrutiny compared to court bail.
Inconsistency: Use of street bail can vary between forces and officers, leading to perceived unfairness.
what is pre charge bail
Pre-charge bail allows the police to release a suspect while further investigations are ongoing, requiring them to report to a police station or comply with other conditions under Section 37
what are the new laws and old laws surrounding pre - charge bail
- Under the Police and Crime Act 2017 a suspect who has not yet been charged would only have to follow bail conditions for up to 28 days.
- Police, Crime, sentencing and courts act 2022 - the statutory presumption in favor of release without bail conditions has now been removed.
- Police can now keep someone on pre- charge bail for up to a maximum of 9 months.
- Alleged victims opinions are considered throughout
evaluation on pre charge bail including the reforms
-Better protection for victims and public
-Supports thorough investigations with increased bail periods
- potential infringement of liberty - harsh treatment of those who have not even been charged yet/ undermines principle of innocent until proven guilty.
What is post charge bail
If there is no valid reason to remand a person in custody after being charged, they will be bailed until their early administrative hearing.
what and who is post charge bailed governed under
- SECT 38 PACE 84’
- decision to grant bail is determined by the custody officer
When can bail be refused ( post charge)
- the suspect does not provide a name an address
- the name and address provided are false
- risk of not attending court
- there is a risk of reoffending
- needed to take a required sample
- prevent injury or property damage
- prevent interference with investigation
- needed for the persons own protection
- if juvenile, for best interests
is post charge bail usually granted
yes, in the majority of cases
