This essay can be helpful for your CIE A levels, AS level, exams or even first year law degree. All my essays have been marked by my lecturer and given good grades! This essay was awarded top in the class marks (English legal system)
An important pre-trial matter to be decided is whether the defendant should stay in
custody while awaiting trial or whether bail should be granted. A person can be released
on bail at any point after being arrested by the police. Being given bail means that the
person is given liberty until the next stage in the case.
The police may release a suspect on bail while they make further inquiries. suspects are
released from custody on the condition that they return to the police station on specific
dates. If suspects given bail fail to surrender to that bail, police are given the right to
arrest them. The police can also give bail to defendants who have been charged with an
offence. The decision on whether to grant bail or not is made by the custody officer
under s 38 of PACE as amended by the Criminal Justice and Public Order Act 1994
(CJPOA). The custody officer can refuse bail if there are doubts regarding the suspect’s
name and address given.
The CJPOA 1994 gave police the power to impose conditions on a grant of bail. These
include asking the suspect to surrender his passport, report regularly to the police
station or get another person to stand as surety for him. This is to make sure the
suspect surrenders to bail, does not commit an offence while on bail and does not
interfere with witnesses or with the course of justice. This is known as conditional bail.
If the police deny bail to defendants charged with crime, they must bring the defendant
to the Magistrates’ Court as soon as possible. If there is not enough evidence to
prosecute the suspect at the first hearing then the magistrates decide whether the
defendant should be given bail or remanded in custody.
The Bail Act 1976 starts with the assumption that an accused should be granted bail.
Section 4 of the Act gives general right to bail but courts need not grant bail if the court
is satisfied that there are substantial grounds for believing that the defendant on bail
would fail to surrender to custody, commit an offence while on bail or obstruct the
course of justice. The court can also refuse bail if the defendant is kept in custody for
his own protection.
In deciding whether to grant bail, the court will consider factors including: the nature and
seriousness of the offence, the character, antecedents, associations and community ties
and associations of the defendant, the defendant’s record under previous grants of bail
and the strength of evidence against him. If charged with an offence which is not
punishable by imprisonment, bail can only be refused if the defendant has previously
failed to surrender to bail. A court can make conditions for granting of bail as to where
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