Monday, January 27, 2014

Describe all the aspects of bail

Bail tin be given by the law of nature or it can be given by a motor hotel before which the suspect appears. There is a self-confidence that release should be give (s4 Bail Act 1976). but chemical bond need not be granted where there are substantial grounds for believing the accuse would, if granted attachment: * Fail to surrender to bondage. * Commit an criminal offense patch on attachment. * Interfere with witnesses or otherwise occlude the course of justice. The homage can too refuse security if it is satisfied that the defendant should be kept in custody for his own protection. Factor considered admit: * The nature and seriousness of the offence. * The character, antecedents, associations and association ties of the defendant. * The defendants record of fulfilling his obligation chthonian previous grants of bond. * The strength of the induction against the defendant. Special cases The presumption in favor of bail is removed where it appears that the defendant has committed a triable either way offence or an indictable offence while on bail. For murder, essay murder, manslaughter, encroachment or attempted rape where the defendant has already served a custodial sentence for much(prenominal) an offence, bail should only be granted in portentous circumstances (s56 Crime and unhealthiness Act 1998). The prosecution whitethorn appeal against the grant of bail for any offence which carries a sentence of imprisonment. Conditional bail The police and courts can impose any requirements which are unavoidable to make sure that defendants attend court and do not commit offences or interfere with witnesses whilst on bail. Conditions can also be imposed for the defendants own protection or welfare. uncouth conditions include not going within a plastered distance of a witnesss house, or being adequate to(p) to a curfew. If a defendant is reported or believed to encounter breached a... If you insufficiency to get a full essay, order it ! on our website: BestEssayCheap.com

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