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Criminal Law: Rules and Theory

Bail and the presumption in favour of liberty

  • 3 things to know
  • Components 2 and 3

Overview

Three main grounds for refusing bail for an imprisonable offence, security in bail terms and unconditional bail.

What you need to know

Answer each one before you reveal it.

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Key term

Why is bail described as a compromise between liberty and the needs of the case?

Numbers

Which statute governs the grant of bail by the courts?

Numbers

State the presumption created by section 4 of the Bail Act 1976.

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    Why is bail described as a compromise between liberty and the needs of the case?

    Model answer

    Bail leaves an unconvicted defendant at liberty while the case is prepared. Conditions are attached to protect the trial, the witnesses and the public.

  2. 2

    Which statute governs the grant of bail by the courts?

    Model answer

    The Bail Act 1976 governs the grant of bail by the courts. Section 4 creates a general presumption in favour of bail.

  3. 3

    State the presumption created by section 4 of the Bail Act 1976.

    Model answer

    Section 4 of the Bail Act 1976 gives a defendant a general right to bail. The presumption applies unless the prosecution establishes a listed exception.

  4. 4

    Name the three main grounds for refusing bail for an imprisonable offence.

    Model answer

    Bail may be refused where there are substantial grounds for believing the defendant would fail to surrender. Bail may also be refused where the defendant would commit further offences or interfere with witnesses.

  5. 5

    Name three factors a court weighs when deciding whether an exception to bail applies.

    Model answer

    A court weighs the nature and seriousness of the offence and the likely sentence. The court also weighs the defendant's community ties and record of answering bail.

  6. 6

    Give three conditions a court may attach to bail.

    Model answer

    A court may impose residence at a given address, a curfew and reporting to a police station. Surrender of a passport and electronic monitoring are also available.

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