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Bail 2012 Presentation Transcript

  • 1. Miss HartG151 2012-13 Pre-trial Procedure[1]: Bail So you‟ve been stopped and searched, arrested, detained and charged... what’s next?
  • 2. What’s the word?ARREST POLICE T N REASONABLE
  • 3. Dunstable is important to this area of the law. Read the article.What do you learn about how bail works?
  • 4. Answer the Questions You can only answer one yourself, and must use the rest of the class to answer the others.What happens if the police Name one power the courts What is the aim of imposingdeny bail? have with regard to bail conditions on a suspect released on bail?Name: Name: Name:Identify the two factors Identify two reasons why What happens if a suspectwhich may affect the bail may be denied. breaches bail?granting of bailName: Name: Name:
  • 5. Definition of bail There is a Who decides?presumption that Dis entitled to remain at liberty until the Why? next stage in the process. What next stage? s.4 Bail Act 1976 What could rebut it? If it‟s denied, what will happen?
  • 6. Who decides for the police? Either: charged and released on bail until court Or: released on bail pending further inquiries.s.38 PACE (as amended by CJPOA 1994.) Our friendly local custody officer! ....this can be at any point after arrest… Linking your learning... How do these powers relate to police detention, which we just looked at?
  • 7. (1) Powers of the Police to grant bail REASON… NEXT STAGE?To conduct further investigations To the police station at a specified 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? 5/6ths of Ds are bailed by the police Why is it so common?
  • 8. Does the time on police bail count in the 96 hours? Thinking: Should the police belimited to 96 hours total? Challenge:Is police bail a licence to do nothing?
  • 9. 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
  • 10. Surety:A Case Example
  • 11. 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 S would commit anand address 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.
  • 12. 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?
  • 13. Applying the Law: Newcastle United footballer Joey Barton What do you think requested bail at Liverpool Crown Court.the police took into The 25-year-old appeared before Liverpool magistrates charged withaccount in denying assault and affray and was initially refused bail. bail? Barton, has been in custody since he was arrested in the early hours of Dec 27 in Liverpool city centre. Barton appeared via video link from Liverpools Walton Prison wearing a grey prison-issue jumper and jeans. During the hearing, the assault charge against him was upgraded from a Section 39 common assault to a Section 47 assault occasioning actual bodily harm. It has been alleged Barton and a group of his friends were involved in two separate incidents following a row with another group inside a McDonalds restaurant at around 5.30am.
  • 14. 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‟
  • 15. 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
  • 16. The Magistrates’ CourtWhat factors does the court take into consideration?The nature and D’s antecedentsseriousness of the offence Probable D’s associations sentence and community ties D’s previous For D’s ownbehaviour whilst protection on bail D’s character Strength of the evidence against D
  • 17. So, what are the Magistrates’ Courts Powers? Conditions? Under 17? “anything which will ensure that Dsurrenders at the next stage of the criminal Remand? process” GENERAL RULE If the offence doesn’t carry a custodial Vary? sentence, only refuse if....?
  • 18. 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 s.19 Criminal Justice Act “no significant risk 2003 , amending Bail Act 1976 of injury to another” s.14 Criminal Justice Act MURDER 2003, amending Bail Act 1976
  • 19. 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” But Legal Aid, Sentencing and Punishment of Offenders Act 2012 If there is „no real prospect‟ of D receiving a custodial sentence if convicted
  • 20. Starter: Demonstrate your knowledgeUsing your understanding, complete the triangle...There is only one correct solution.
  • 21. Moving to a C... 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. Got it? Complete therevision sheet toensure you’ve got the AO1... All of you need to ensure you have answered the questions Most of you will be able to differentiate between the powers of the police and the courts. Some of you will be able to clearly describe a range of statutory rebuttals.
  • 23. 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
  • 24. Some facts and figures... 14% of those on bail fail to appear at court Student Task: Answer the following question, and aim for three discussed points! About 20% of the prison population is on remand. Does bail work? 60% of those on remand will be given a non-custodial sentence.18% of those on remand will be found not guilty 25% of DD commit a further offence whilst on bail
  • 25. 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?
  • 26. A new development: Jane’s Law Legal Aid, Sentencing and Punishment of Offenders Act 2012 Task: Read the enclosed article and answer the following questions:1. Why was bail an issue in Jane‟s death?2. What does the amendment cover?3. Do you agree with the need for this amendment or not? Why?
  • 27. 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:
  • 28. 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 five applied points you can discuss for each!
  • 29. 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 Task Two:end, then he can only be locked up if he didn’t stick to it before or thecourt has reason 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 Task Three:bail, especially those who are charged with murder, attemptedmurder, manslaughter, rape or attempted rape and have already served asentence for a similar offence. (s25 Criminal Justice and Public Act - which Improve it!has been amended). After Gary Weddell it is also harder for a murderer toget bail if they think he might harm someone else.D is still innocent until proven guilty and so should be given bail becauseit’s fairer.
  • 30. You’re almost there! Task:Look back at the A3sheet and complete the final section!
  • 31. Plenary: You all have a blob tree.Using the objectives on the front of your handout on bail, chose the blob whichmost accurately reflects how you feel about bail.You can pick more than oneYou should add some notes toexplain why you chose that one. Stick it on the inside of your handout
  • 32. 1. Write up the „improved‟ bail essay and one of the problems questions we have outlined.2. Revise the whole of police powers for a factual test next week.