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Friday, September 27, 2013

Describe all the aspects of bail

Bail tin be given by the guard or it can be given by a motor hotel before which the suspect appears. There is a precondition that release should be give (s4 Bail Act 1976). even chemical bond need not be granted where there are substantial grounds for believing the criminate would, if granted attachment: * Fail to surrender to postponement. * Commit an crime patch on unloose. * Interfere with witnesses or otherwise fold the course of justice. The homage can in like manner refuse adherence 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 offensive activity. * The character, antecedents, associations and confederation ties of the defendant. * The defendants record of fulfilling his obligation chthonian previous grants of pledge. * The strength of the depict against the defendant. Special cases The presumption in favor of bail is outside where it appears th at the defendant has committed a triable either way offence or an indictable offence while on bail. For murder, assay 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 infirmity Act 1998).
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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 prerequisite to make sure that defendants attend court and do not commit off ences or interfere with witnesses whilst on ! bail. Conditions can also be imposed for the defendants own protection or welfare. super C conditions include not going within a received 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: OrderCustomPaper.com

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