2. Objectives To begin to understand the legal aspects of granting bail To be able to peer assess other students work effectively
3. Bail – the hazards Why was he free to kill? Read the news report regarding the man who killed his ex girlfriend after being granted bail. What are the difficulties that courts face regarding granting bail?
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5. The police can also give bail to a defendant who has been charged with an offence.
6. This case they are bailed to appear at the Magistrates Court on a set date.
11. Report at regular intervals to the police station
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15. The character, past record, associations and community ties of the defendant
16. If the defendant has turned up on previous occasions of bail
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19. A surety is another person who is prepared to promise to pay the court a certain sum of money if the defendant fails to attend court.
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22. the court is satisfied that the misuse of Class A drugs caused or contributed to the offence
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24. Case Study http://news.bbc.co.uk/1/hi/wales/8399780.stm Who will have decided her guilt? What grounds for appeal are open to her? Would you have given her bail or not? Why? What do you consider to be an appropriate sentence? Why?
25. Case Study Complete as much as possible of the bail application, swap with your partner to see if they would grant you bail.
26. Activity Consider each of the following situations and explain with reasons whether you think bail would be granted or not. Alex, aged 19, is charged with robbery in which he threatened a shopkeeper with a gun and stole £2,000. He has no previous convictions and lives at home with his mother. Homer, aged 42, is charged with 3 offences of burglary. He has been convicted of burglary on two occasions in the past. Melanie, aged 21, is charged with theft of items form a sportswear shop. She is currently unemployed and living rough. She has no previous convictions.
27. Activity Exam Question (a) What are the factors taken into account in the decision to grant or refuse bail? [10] (b) How far would you agree that the law relating to bail provides the police and courts with an effective alternative to remand in custody as a means of exercising supervision and control over suspected offenders? [15]