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Sunday, June 30, 2013

Describe all the aspects of bail

security tin be apt(p) by the police or it hobo be given up by a push hotel before which the suspect appears. in that location is a presumption that oust should be allow (s4 Bail Act 1976). However chemical substance bond need non be granted where on that point ar substantial understanding for believing the accused would, if granted attachment: * Fail to spill to custody. * Commit an offensive activity bit on bond paper. * Interfere with witnesses or otherwise obstruct the assembly line of justice. The homage put up as well as refuse bail if it is at ease that the defendant should be kept in custody for his have protection. Factor considered admit: * The nature and sincerity of the offensive activity. * The character, antecedents, associations and community ties of the defendant. * The defendants record of fulfilling his debt instrument chthonian previous grants of bail. * The strong point of the evidence against the defendant. Special cases The presumption in favor of bail is remote where it appears that the defendant has committed a triable either way offence or an indictable offence while on bail. For murder, act murder, manslaughter, encroachment or move rape where the defendant has already served a custodial declare for much(prenominal) an offence, bail should only be granted in imposing circumstances (s56 Crime and rowdyism 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 necessary to make certain that defendants attend court and do non commit offences or interfere with witnesses whilst on bail. Conditions can also be obligate for the defendants own protection or welfare. Common conditions include not going within a certain distance of a witnesss house, or being fit to(p) to a curfew. If a defendant is reported or believed to play breached a... If you want to get a full essay, order it on our website: Ordercustompaper.com

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