Criminal Litigation notes - BPP Law School - High Distinction Level notes!
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Art 5(3) ECHR - every person who has been arrested or detained must be brought promptly before a
judge and is entitled to trial within a reasonable time or to release pending trial.
A person awaiting trial must always be released unless there are relevant and sufficient reasons
to justify his continued detention. Acceptable reasons for refusing bail fall into four categories:
risk that the accused will fail to appear; interference with the course of justice; prevention of
further offences; and the preservation of public order
Expressly provides that release may be conditioned by guarantees to appear for trial. This makes
it permissible to attach conditions to the grant of bail.
o Bail Act Sch 1 is compatible w/ this
Bail can be charged by police before the charge, when they are continuing their enquiries – between
charge and the first date of hearing
This module will only deal with bail granted by the courts rather than bail granted by the police.
All criminal cases will first be heard in the magistrates court
Plea before venue and allocation procedures are only necc for either way offence - are held in
the magistrates’ court usually on the first date of hearing. Th
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Bail-
Bail Act 1976
After being charged with an offence, the police will either:
Release the person on police bail OR
Detain him in police custody to appear before the magistrates court
o If the case is not decided on, the court will have to adjourn
o The def will either go back into custody or remand the def on bail (may have conditions
attached)
Right to bail-
S4 Bail Act-
There is a general right to bail at all appearances before the magistrates court or the Crown Court – up
to all occasions on which the def is convicted/ acquitted
, Following conviction - there is a right to bail if the case is adjourned for reports prior to sentencing.
Exceptions to the Rights to bail-
Exceptions to right to bail for impressionable offence-
Bail Act ‘76 - S4(1) states that exceptions are to be found in sch 1 part 1
Sch 1 Part 1 – 1A(1)The paragraphs of this Part of this Schedule mentioned in sub-paragraph (2) do not
apply in relation to bail in non-extradition proceedings where—
(a)the defendant has attained the age of 18,
(b)the defendant has not been convicted of an offence in those proceedings, and
(c)it appears to the court that there is no real prospect that the defendant will be sentenced to a
custodial sentence in the proceedings.
Sch 1 Part 1- Para 2 The defendant need not be granted bail if the court is satisfied that there are
substantial grounds for believing that the defendant, if released on bail (whether subject to conditions
or not) would—
(a)fail to surrender to custody, or
(b)commit an offence while on bail, or
(c)interfere with witnesses or otherwise obstruct the course of justice, whether in relation to
himself or any other person.
Sch 1 Part 1- Para 2A: The defendant need not be granted bail if—
(a)the offence is an indictable offence or an offence triable either way, and
(b)it appears to the court that the defendant was on bail in criminal proceedings on the date of
the offence
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What are substantial grounds-
The grounds for refusing bail under Sch 1 Part 1 Para 2 – must have a substantial grounds
substantial grounds = question of fact and is not subject
Representations will be made by the prosecution and the defence but generally neither party
needs to call witnesses or produce documentary evidence.
Sometimes in very serious cases, the prosecution calls a police officer to give live evidence and
sometimes the defence calls the person proposed as a surety to give evidence during contested
bail applications. The magistrates have an inquisitorial role in this process and may ask questions
of either party or insist that sureties are called to give evidence of their means and relationship
with the defendant.
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