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Rules and Theory of Criminal Law Bail

Rules and Theory of Criminal Law Bail. Questions on Bail. What is the difference between bail and remand? What factors do you think influence the court/police whether to grant bail or not?. POLICE BAIL Police & Criminal Evidence Act 1984 Criminal Justice & Public Order Act 1994

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Rules and Theory of Criminal Law Bail

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  1. Rules and Theory of Criminal LawBail

  2. Questions on Bail • What is the difference between bail and remand? • What factors do you think influence the court/police whether to grant bail or not?

  3. POLICE BAIL • Police & Criminal Evidence Act 1984 • Criminal Justice & Public Order Act 1994 • Criminal Justice Act 2003 COURT BAIL • Bail Act 1976 • Coroners and Justice Act 2009

  4. POLICE BAIL • POLICE & CRIMINAL EVIDENCE ACT 1984 • CRIMINAL JUSTICE & PUBLIC ORDER ACT 1994 • Criminal Justice Act 2003

  5. Police Bail • Street Bail – CJA 2003 • Bail before charge • Bail after charge Police & Criminal Evidence Act 1984 – S 38 Custody Officer must release unless: • Refused name and address • Doubts over name and address • Own protection, or protection of others • Absconding • Interference with witnesses.

  6. Bail Act 1976 Court Bail Section 4 – Presumption In Favour Of Bail Paragraph 9 Factors: • Nature & Seriousness of the offence and method of dealing with it • Character, Antecedents, Associations and community ties. • Previous grants of bail • Evidence • Any other factors.

  7. Bail Act 1976 CONDITIONS: • Passport • Curfew • Report to police station • Bail hostel • Residence order • Surety/security • Any other relevant conditions

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