Bail 2011 12

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Bail 2011 12

  1. 1. Miss HartAS Law G151 Pre-trial Procedure[1]: Bail
  2. 2. What’s the word?ARREST POLICE T N REASONABLE
  3. 3. Dunstable is key to this area of the law.
  4. 4. Student Task: Part Two You all have a table. Each group has the same set ofarticles, but a different focus. You have 20 minutes to find out as much information on your area as possible. Now you need to find your new table (where you’ll stay for the rest of the lesson). Using everything that you all You will also have two common areas. have learnt you are going to complete the A3 sheet onYou have a your table on the operation ofas well. Use each legal dictionary on each table Bail... other to help and support!
  5. 5. Definition of bail:Who decides? What could rebut it? remove There is a presumption that D is entitled to remain at liberty until the next stage in the process. s.4 Bail Act 1976Why? What next stage?
  6. 6. Who decides for the police? Remember: At this point you have been charged! ... Or maybe not Our friendly local custody officer!....his can be at any point after arrest…Linking your learning...How do these powers relate to s.38 PACE (as amended bypolice detention, which we just CJPOA 1994.) looked at?
  7. 7. (1) Powers of the Police to grant bail REASON… NEXT STAGE?To conduct further investigations subject ofpolice IS task at a specified The changes to this are the To the your station this week! time in the futureIf charged with an offence To appear at the Magistrates’ Court at a specific date. Do you think that the police are likely to grant bail? Statistics: 5/6ths of Ds are bailed by the police Why is it so common?
  8. 8. Ok, we’ll release you but... Conditional Bail s.27 Criminal Justice and Public Order Act 1994 What is the purpose of conditional bail?What is thepurpose of Report to station at these regular intervalsconditions? What if you don’t agree Residence Surety Curfew with them? Confiscate Passport
  9. 9. You’re staying here! Why might the police refuse to grant bail? If S’s name and addresscan not be discovered If doubt that the name and S would commit anaddress are genuine offenceS may not surrender to S would interfere withcustody witnesses or otherwise obstruct the course of justice These are also the grounds under which the court may refuse to grant bail.
  10. 10. So, what happens if the police refuse to grant bail?D must appear in theMagistrates’ court at the firstpossible opportunity. Why?If they can’t deal with the caseat the first hearing then haveto decide whether D given bailor remanded in custody On the other hand... What happens if you don’t appear at the next stage?
  11. 11. Newcastle United footballer Joey Barton Applying the Law:requested bail at Liverpool Crown Court.The 25-year-old appeared before Why do you think heLiverpool magistrates charged withassault and affray and was initiallyrefused bail.Barton, has been in custody since he was was deniedarrested in the early hours of Dec 27 inLiverpool city centre. Barton appeared bail?via video link from Liverpools WaltonPrison wearing a grey prison-issuejumper and jeans.During the hearing, the assault chargeagainst him was upgraded from aSection 39 common assault to a Section47 assault occasioning actual bodilyharm. It has been alleged Barton and agroup of his friends were involved in twoseparate incidents following a row withanother group inside a McDonaldsrestaurant at around 5.30am.
  12. 12. Post-it time!Answer one of the following questions...A Evaluate whether the police‟s powers to grant bail adequately protect the individual‟s rights.B Explain the recent change to the law on bail and murderC Describe why the police might grant bail to a person who has been charged with an offenceD Identify three conditions which may be imposed on your bail.E Tell me what is meant by „bail‟
  13. 13. Starter: What is wrong with each of the following sentences?1. The police send defendants to the Magistrates’ Court to decide on bail.2. If you are charged with murder you will not be granted bail.3. Surety is when the defendant pays an amount of money to ensure that he appears at the next stage of the criminal process.4. The presumption of bail is that D will not be granted bail unless there are reasonable grounds
  14. 14. What are we looking at today? The aim is to understand the powers of the court to grant bail, and the effectiveness of the current system of bail Extension: We will also look at the appeals process.
  15. 15. The Magistrates’ CourtWhat factors does the court take into consideration?The nature and seriousness of D‟s antecedents the offence Probable sentence D‟s associations and community tiesD‟s previous behaviour whilst on For D‟s own protection bail D‟s character Strength of the evidence against D
  16. 16. So, what are the Magistrates‟ Courts Powers? Conditions? Under 17?“anything whichwill ensure that Dsurrenders at the next stage of the Remand?criminal process” GENERAL RULE If the offence doesn’t carry a custodial Vary? sentence, only refuse if....?
  17. 17. What about the Crown Court? Some restrictions... and some powers CJPOA 1994 as amended by the s.56 Crime & Disorder Act 1998 s.115 Coroners and Justice Act 2009 s.25 Criminal Justice and Public Order Act 1994 Only grant bail if there‟s “no significant risk s.19 Criminal Justice Act 2003 , amending Bail Act of injury to another” 1976 MURDER s.14 Criminal Justice Act 2003, amending Bail Act 1976
  18. 18. When might the courts refuse to grant bail? “substantial grounds” to believe that D, if on bail would:• fail to surrender to custody• Commit an offence whilst on bail• Interfere with witnesses or obstruct the course of justice• Own protection s.114 Coroners and Justice Act 2009 “substantial grounds to believe D engage in conduct likely to injure another”
  19. 19. Do you understand Bail?On your table you have the A3 sheet, which you completed as a group last lesson. You also have your own blank copyYou have 20 minutes to complete it in as much detail as you can!
  20. 20. Can you match them up? Match the rebuttal to the section of the act... Without using your notes! s.114 Coroners and s.14 Criminal Justice s.115 Coroners and Justice Act 2009 Act 2003 Justice Act 2009 A. Previously D. Over 18, drugs related C. Convicted of offence and refusecommitted an offence rape, murder or whilst on bail treatment attempted rape or murder and B. Substantial grounds charged with E. Charged with murder and reason to believe D will do one of them to believe there is no significant risk things likely to injure of injury to another another s.56 Crime & Disorder s.19 Criminal Justice Act 1998 (amending Act 2003 CJPOA 1994)
  21. 21. Can you match them up? Match the rebuttal to the section of the act... Without using your notes! s.114 Coroners and s.14 Criminal Justice s.115 Coroners and Justice Act 2009 Act 2003 Justice Act 2009 A. Previously D. Over 18, drugs related C. Convicted of offence and refusecommitted an offence rape, murder or whilst on bail treatment attempted rape or murder and B. Substantial grounds charged with E. Charged with murder and reason to believe D will do one of them to believe there is no significant risk things likely to injure of injury to another another s.56 Crime & Disorder s.19 Criminal Justice Act 1998 (amending Act 2003 CJPOA 1994)
  22. 22. AO2: The main debate with bailThe rights of the defendant to have liberty and the presumption of innocence. Vs. The public’s right to be protected from repeat offenders, or those who abscond whilst on bail
  23. 23. Some facts and figures... 14% of those on bail fail to appear at court Does bail work? About 20% of the prison population is on remand.60% of those on remand will be given a non-custodial sentence.18% of those on remand will be found not guilty25% of DD commit a further offence whilst on bail
  24. 24. Bonus Knowledge: A final appeal Prosecution Appeals Defence Appeals Bail (Amendment) Act 1993 as  only one further application to amended Mags unless change of circumstances. P has right to appeal to judge at  can appeal against refusal to CC against granting of bail. grant bail – made to judge in the Applies to all offences crown court.. D who is sent to trial in the CC, apply there for bail... AO2: Why give P a power of appeal? AO2 Is this enough protection to What might the government be ensure that you‟re liberty is only worried about? taken under process of law?
  25. 25. Applying the Law: Ok, so you kind of get it...1. Alex, aged 19, is charged with a robbery in which he threatened a shopkeeper with a gun and stole £2000. He has no previous convictions and lives at home with his mother. Yes... No... Conclusion:
  26. 26. Independent Work: Now, what about these? Homer, aged 43, is charged with three offences of burglary. He has been Melanie, aged 21, is charged with theft convicted of burglary on two occasions of items from a sportswear shop. She is in the past and lives with his wife of 20 currently unemployed and living rough.years. He was arrested with some of the She has no previous convictions. stolen goods in his possession. Tip: aim for four points you can discuss for each!
  27. 27. Marking and improving an essayBail is whether D should stay in custody or free. Under s.4 of the Bail Act1976 D should be granted bail. On your desk you have aBoth the police and the courts can grant bail. The police can give bail to a Dwho has been charged with an offence, to make sure they appear at court. sample student’s essay.The police can also refuse bail and if D doesn’t turn up the police canarrest him. If the police refuse bail they must bring the defendant in frontof the Magistrates Court. If the Magistrate can’t deal with the whole casethen they will decide whether to remand or give bail. Task One:Most people get unconditional bail. The courts and the police can also give Mark it!him conditions to stick to, to make sure he turns up e.g. surety.When deciding whether D gets bail, the court looks at the background of Dand what he has done. But if he wouldn’t be put in prison for it at the end, Task Two:then he can only be locked up if he didn’t stick to it before or the court hasreason to think he won’t this time. Comment on it!To protect the public, D might not get bail if he committed the offencewhile on bail or if D is an adult and charged with a drugs offencePeople who are repeat offender have a limited chance of getting bail, Task Three:especially those who are charged with murder, attempted murder,manslaughter, rape or attempted rape and have already served a sentencefor a similar offence. (s25 Criminal Justice and Public Act - which has been Improve it!amended). After Gary Weddell it is also harder for a murderer to get bail ifthey think he might harm someone else.D is still innocent until proven guilty and so should be given bail becauseit’s fairer.
  28. 28. You’re almost there! Look back at the A3 sheet and complete the final section!On your post it..1. One thing you have learnt this lesson.2. One question you have or one thing you are still not sure of.
  29. 29. Plenary: You all have a blob tree. Using the objectives on the front of your handout on bail, chose the blob which most accurately reflects how you feel about bail. You can pick more than one You should add some notes to explain why you chose that one. Stick it on the inside of your handout

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