1. Miss Hart
G151 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 imposing
deny 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 suspect
which may affect the bail may be denied. breaches bail?
granting of bail
Name: Name: Name:

5. Definition of bail
There is a Who decides?
presumption that D
is 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 future
If 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 be
limited 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 the
purpose of Report to station at
these regular intervals
conditions? 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 address
can not be discovered
 If doubt that the name S would commit an
and address are genuine offence
S may not surrender to S would interfere with
custody 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 the
Magistrates’ court at the first
possible opportunity.
Why?
If they can’t deal with the case
at the first hearing then have
to decide whether D given bail
or 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 with
account 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 Liverpool's 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 McDonald's 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
murder
C Describe why the police might grant bail to a
person who has been charged with an offence
D 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’ Court
What factors does the court take into consideration?
The nature and D’s antecedents
seriousness of
the offence
Probable D’s associations
sentence and community
ties
D’s previous For D’s own
behaviour 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 D
surrenders 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 knowledge
Using 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 refuse
committed 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 the
revision sheet to
ensure 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 bail
The 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
essay
Bail is whether D should stay in custody or free. Under s.4 of the Bail Act
1976 D should be granted bail.
On your desk you have a
Both the police and the courts can grant bail. The police can give bail to a D
who 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 can
arrest him. If the police refuse bail they must bring the defendant in front
of the Magistrates Court. If the Magistrate can’t deal with the whole case
then 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 D
and 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 the
court 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 offence
while on bail or if D is an adult and charged with a drugs offence
People who are repeat offender have a limited chance of getting Task Three:
bail, especially those who are charged with murder, attempted
murder, manslaughter, rape or attempted rape and have already served a
sentence 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 to
get bail if they think he might harm someone else.
D is still innocent until proven guilty and so should be given bail because
it’s fairer.

30. You’re almost there!
Task:
Look back at the A3
sheet 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 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

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.