1. Miss Hart
AS Law G151
Pre-trial Procedure[1]:
Bail

2. What’s the word?
ARREST POLICE
T
N
REASONABLE

3. Dunstable is key to this area of the law.

4. Student Task:
Part Two
You all have a table. Each group has the same set of
articles, but a different focus. You have 20 minutes to find
out as much information on your area as possible.
Now you need to find your new table (where you’ll stay
for the rest of the lesson). Using everything that you all
You will also have two common areas.
have learnt you are going to complete the A3 sheet on
You have a your table on the operation ofas well. Use each
legal dictionary on each table Bail...
other to help and support!

5. Definition of bail:
Who decides? What could rebut it?
remove
There is a
presumption
that D is entitled
to remain at
liberty until the
next stage in the
process.
s.4 Bail Act 1976
Why? What next stage?

6. Who decides for the police?
Remember: At this point you have been charged!
... Or maybe not
Our friendly local
custody officer!
....his can be at any point after
arrest…
Linking your learning...
How do these powers relate to s.38 PACE (as amended by
police detention, which we just CJPOA 1994.)
looked at?

7. (1) Powers of the Police to grant bail
REASON… NEXT STAGE?
To conduct further investigations subject ofpolice IS task at a specified
The changes to this are the To the your station this week!
time in the future
If charged with an offence To appear at the Magistrates’ Court
at a specific date.
Do you think that the police are likely to grant bail?
Statistics:
5/6ths of Ds are bailed by the police
Why is it so common?

8. Ok, we’ll release you
but...
Conditional Bail
s.27 Criminal Justice and Public Order Act
1994
What is the purpose of conditional
bail?
What is the
purpose of Report to station at
these regular intervals
conditions? What if you
don’t agree Residence Surety Curfew
with them?
Confiscate Passport

9. You’re staying here!
Why might the police refuse to grant bail?
 If S’s name and address
can not be discovered
 If doubt that the name and S would commit an
address are genuine offence
S may not surrender to S would interfere with
custody witnesses or otherwise
obstruct the course of
justice
These are also the grounds under which the court may
refuse to grant bail.

10. So, what happens if the police
refuse to grant bail?
D must appear in the
Magistrates’ court at the first
possible opportunity.
Why?
If they can’t deal with the case
at the first hearing then have
to decide whether D given bail
or remanded in custody
On the other hand...
What happens if you don’t appear at the next stage?

11. Newcastle United footballer Joey Barton
Applying the Law:
requested bail at Liverpool Crown Court.
The 25-year-old appeared before Why do you
think he
Liverpool magistrates charged with
assault and affray and was initially
refused bail.
Barton, has been in custody since he was
was denied
arrested in the early hours of Dec 27 in
Liverpool city centre. Barton appeared bail?
via video link from Liverpool's Walton
Prison wearing a grey prison-issue
jumper and jeans.
During the hearing, the assault charge
against him was upgraded from a
Section 39 common assault to a Section
47 assault occasioning actual bodily
harm. It has been alleged Barton and a
group of his friends were involved in two
separate incidents following a row with
another group inside a McDonald's
restaurant at around 5.30am.

12. Post-it time!
Answer one of the following questions...
A Evaluate whether the police‟s powers to grant
bail adequately protect the individual‟s rights.
B Explain the recent change to the law on bail and
murder
C Describe why the police might grant bail to a
person who has been charged with an offence
D Identify three conditions which may be imposed
on your bail.
E Tell me what is meant by „bail‟

13. Starter:
What is wrong with each of the
following sentences?
1. The police send defendants to the Magistrates’ Court to
decide on bail.
2. If you are charged with murder you will not be granted bail.
3. Surety is when the defendant pays an amount of money to
ensure that he appears at the next stage of the criminal
process.
4. The presumption of bail is that D will not be granted bail
unless there are reasonable grounds

14. What are we looking at today?
The aim is to understand
the powers of the court to
grant bail, and the
effectiveness of the
current system of bail
Extension:
We will also look at the
appeals process.

15. The Magistrates’ Court
What factors does the court take into consideration?
The nature and seriousness of D‟s antecedents
the offence
Probable sentence D‟s associations and community
ties
D‟s previous behaviour whilst on For D‟s own protection
bail
D‟s character Strength of the evidence
against D

16. So, what are the Magistrates‟ Courts Powers?
Conditions? Under 17?
“anything which
will ensure that D
surrenders at the
next stage of the
Remand?
criminal process”
GENERAL RULE
If the offence doesn’t carry a custodial
Vary? sentence, only refuse if....?

17. What about the Crown Court?
Some restrictions... and some powers
CJPOA 1994 as amended
by the s.56 Crime &
Disorder Act 1998
s.115 Coroners and
Justice Act 2009
s.25 Criminal Justice and
Public Order Act 1994
Only grant bail if
there‟s
“no significant risk s.19 Criminal Justice Act
2003 , amending Bail Act
of injury to another” 1976
MURDER s.14 Criminal Justice Act
2003, amending Bail Act
1976

18. When might the courts refuse to grant bail?
“substantial grounds”
to believe that D, if on bail would:
• fail to surrender to custody
• Commit an offence whilst on bail
• Interfere with witnesses or obstruct the course of
justice
• Own protection
s.114 Coroners and Justice Act 2009 “substantial grounds to
believe D engage in conduct likely to injure another”

19. Do you understand Bail?
On your table you have the A3 sheet, which you completed as a
group last lesson.
You also have your own blank copy
You have 20 minutes to complete it in as much detail as you can!

20. Can you match them up?
Match the rebuttal to the section of the act... Without using your notes!
s.114 Coroners and s.14 Criminal Justice s.115 Coroners and
Justice Act 2009 Act 2003 Justice Act 2009
A. Previously D. Over 18, drugs related
C. Convicted of offence and refuse
committed an offence rape, murder or
whilst on bail treatment
attempted rape
or murder and
B. Substantial grounds charged with E. Charged with murder and reason
to believe D will do one of them to believe there is no significant risk
things likely to injure of injury to another
another
s.56 Crime & Disorder
s.19 Criminal Justice
Act 1998 (amending
Act 2003
CJPOA 1994)

21. Can you match them up?
Match the rebuttal to the section of the act... Without using your notes!
s.114 Coroners and s.14 Criminal Justice s.115 Coroners and
Justice Act 2009 Act 2003 Justice Act 2009
A. Previously D. Over 18, drugs related
C. Convicted of offence and refuse
committed an offence rape, murder or
whilst on bail treatment
attempted rape
or murder and
B. Substantial grounds charged with E. Charged with murder and reason
to believe D will do one of them to believe there is no significant risk
things likely to injure of injury to another
another
s.56 Crime & Disorder
s.19 Criminal Justice
Act 1998 (amending
Act 2003
CJPOA 1994)

22. AO2:
The main debate with bail
The rights of the defendant
to have liberty and the
presumption of
innocence.
Vs.
The public’s right to be
protected from repeat
offenders, or those who
abscond whilst on bail

23. Some facts and figures...
14% of those on bail fail to
appear at court Does bail work?
About 20% of the prison
population is on remand.
60% of those on remand will
be given a non-custodial
sentence.
18% of those on remand will
be found not guilty
25% of DD commit a further
offence whilst on bail

24. Bonus Knowledge:
A final appeal
Prosecution Appeals Defence Appeals
Bail (Amendment) Act 1993 as  only one further application to
amended Mags unless change of
circumstances.
 P has right to appeal to judge at  can appeal against refusal to
CC against granting of bail.
grant bail – made to judge in the
 Applies to all offences crown court.
. D who is sent to trial in the CC,
apply there for bail...
AO2:
Why give P a power of appeal? AO2
Is this enough protection to
What might the government be ensure that you‟re liberty is only
worried about? taken under process of law?

25. Applying the Law:
Ok, so you kind of get it...
1. Alex, aged 19, is charged with a robbery in which he
threatened a shopkeeper with a gun and stole £2000. He
has no previous convictions and lives at home with his
mother.
Yes... No...
Conclusion:

26. Independent Work:
Now, what about these?
Homer, aged 43, is charged with three
offences of burglary. He has been Melanie, aged 21, is charged with theft
convicted of burglary on two occasions of items from a sportswear shop. She is
in the past and lives with his wife of 20 currently unemployed and living rough.
years. He was arrested with some of the She has no previous convictions.
stolen goods in his possession.
Tip: aim for four points you can discuss for each!

27. Marking and improving an
essay
Bail is whether D should stay in custody or free. Under s.4 of the Bail Act
1976 D should be granted bail.
On your desk you have a
Both the police and the courts can grant bail. The police can give bail to a D
who has been charged with an offence, to make sure they appear at court. sample student’s essay.
The police can also refuse bail and if D doesn’t turn up the police can
arrest him. If the police refuse bail they must bring the defendant in front
of the Magistrates Court. If the Magistrate can’t deal with the whole case
then they will decide whether to remand or give bail.
Task One:
Most people get unconditional bail. The courts and the police can also give
Mark it!
him conditions to stick to, to make sure he turns up e.g. surety.
When deciding whether D gets bail, the court looks at the background of D
and what he has done. But if he wouldn’t be put in prison for it at the end, Task Two:
then he can only be locked up if he didn’t stick to it before or the court has
reason to think he won’t this time. Comment on it!
To protect the public, D might not get bail if he committed the offence
while on bail or if D is an adult and charged with a drugs offence
People who are repeat offender have a limited chance of getting bail, Task Three:
especially those who are charged with murder, attempted murder,
manslaughter, rape or attempted rape and have already served a sentence
for a similar offence. (s25 Criminal Justice and Public Act - which has been
Improve it!
amended). After Gary Weddell it is also harder for a murderer to get bail if
they think he might harm someone else.
D is still innocent until proven guilty and so should be given bail because
it’s fairer.

28. You’re almost there!
Look back at the A3
sheet and complete
the final section!
On your post it..
1. One thing you have
learnt this lesson.
2. One question you
have or one thing
you are still not sure
of.

29. Plenary:
You all have a blob tree.
Using the objectives on the
front of your handout on
bail, chose the blob which
most accurately reflects how
you feel about bail.
You can pick more than one
You should add some notes to
explain why you chose that one.
Stick it on the inside of your
handout