Rules and Theory of Criminal Law BAIL Objectives

Rules and Theory of Criminal Law BAIL

Objectives • Identify the difference between bail and remand in custody. • Explain the police powers to grant bail. • Explain the powers of the court to grant bail. • Evaluate the arguments for and against bail.

Introduction Bail is the release of a person until the next stage of the case, in line with Article 5 ECHR – right to liberty and in order to uphold the fundamental principle that every person is ‘innocent until proven guilty’. A person can be released on bail at any point after being arrested by the police. Bail can be granted by: • The police Police and Criminal Evidence Act 1984 Criminal Justice and Public Order Act 1994 Criminal Justice Act 2003 • The courts Bail Act 1976 Legal Aid, Sentencing and Punishment of Offenders Act 2012

Bail: An Overview ARREST NOT CHARGED RETURN TO POLICE STATION CHARGED EARLY ADMINISTRATIVE HEARING at Magistrates Court POLICE BAIL TRIAL COURT BAIL Insert the legal authority where appropriate

Police Bail The police can grant bail in three situations: • To a suspect released without charge on the condition that they return to the police station on a specific date in the future. s 37 Police and Criminal Evidence Act 1984 • To a defendant who has been charged with an offence until their EAH at the Magistrates court. s 38 Police and Criminal Evidence Act 1984 The custody officer can refuse bail if the suspect’s name and address cannot be discovered, or if there is doubt as to whether the name and address given are genuine. • Police can grant “street bail” for minor offences, without the need to take them to the police station. s 4 Criminal Justice Act 2003

Conditional Bail Conditions can be imposed on bail by the police and the courts Criminal Justice and Public Order Act 1994 Examples of conditions include: • • • Curfew Electronic tag Sureties Surrendering passport Reporting regularly to the police station Residence at a bail hostel Discussion: research the cases of Dave Lee Travis and Ryan Cleary and make a note of the conditions imposed on their bail.

Case Study: R v Hookway (2011) The Police and Criminal Evidence Act 1984 states that police officers cannot detain a suspect for more than 96 hours before they must release or charge them. The ruling in R v Hookway (2011) means that the clock is ‘ticking’ regardless of whether the police are actually questioning the suspect or not. Therefore, after 96 hours, officers can no longer question suspects and can only re-arrest them if they have new evidence. However. . The subsequent emergency legislation, the Police (Detention and Bail) Act 2011 reversed the effect of R v Hookway (2011) which means that periods on bail do not count towards the total detention period. According to the video, what are the implications of the emergency ruling?

Case Study: 28 day limit on police bail The Police and Criminal Justice Bill 2015 has proposed that where a suspect has been released on police bail without charge, that the maximum time they can be on bail is 28 days. Discuss these proposals and using the articles below, assess the advantages and disadvantages of them: • “Liberty calls for bail time limit as journalists and others left on bail for up to two years” The Guardian, 29 September 2013 • “Law Society calls for 28 -day limit on police bail” – BBC News, 28 May 2013

Court Bail s 4 Bail Act 1976 – there is a presumption that everyone should be granted bail. Bail need not be granted if there are substantial grounds for believing that the defendant, if released, would: 1. Fail to surrender to custody; 2. Commit an offence while on bail; 3. Interfere with witnesses or otherwise obstruct the course of justice Legal Aid, Sentencing and Punishment of Offenders Act 2012 introduced a new exception: 4. Commit an offence against an “associated person” in a domestic violence case.

Court Bail Schedule 9 Bail Act 1976 – factors taken into consideration by the courts when making the decision to grant bail. 1. The nature and seriousness of the offence; 2. The character, past record, associations and community ties of the defendant; 3. The defendant’s record on surrendering to bail on previous occasions; 4. The strength of the evidence against him.

Court Bail S 90 Legal Aid, Sentencing and Punishment of Offenders Act 2012 “No Real Prospect Test” The courts’ power to refuse bail is restricted where it appears that there is no real prospect that the defendant would receive a custodial sentence if convicted.

Restrictions on Bail can be restricted in the following circumstances: ■ Where a suspect has tested positive for Class A drugs and the offence is one connected with Class A drugs: s 19 Criminal Justice Act 2003 ■ Where the offence has been committed by someone who is already on bail at the time of the offence. s 14 Criminal Justice Act 2003 ■ Where a person has previously served a custodial sentence for murder, manslaughter or rape and the current offence is murder, manslaughter or rape, the judge can only grant bail if it is of the opinion that there are no exceptional circumstances. Legal Aid, Sentencing and Punishment of Offenders Act 2012 ■ Where the offences is murder, bail may only be granted by a Crown Court judge: s 115 Coroners and Justice Act 2009

Balancing Interests How does the law relating to bail address the balance between protecting the public and upholding the rights of the defendant? Protecting the public Rights of the defendant Discussion: Research the following cases and discuss the impact on the ‘balance’: • Jonathan Vass • Gary Weddell • Samuel Omagh • Karen Matthews

Advantages and Disadvantages of Bail Advantages • There is a reduction in the number of defendants on remand, which means less cost to the government. • • The defendant can maintain employment and spend time with family during his bail period. The defendant can use the time to prepare for his trial by not being restricted in terms of being able to meet with their legal representatives. Disadvantages • • There seems to be disparity in the interpretation of the Bail Act 1976 in different courts. • 12% of bailed offenders fail to appear at their trial; so there is a risk of them absconding or not surrendering to bail. • There are startling statistics on the number of offences committed by people who are on bail. There is a risk that the defendant will interfere with witnesses or otherwise obstruct the course of justice.