Bail and the Human Rights Act 1998: [HC]
Published June 2001
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Published 1976
The Stationery Office Books
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by Neil Corre, David Wolchover
Published1999
Blackstone Press
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REASONS FOR APPLYING THE EXCEPTIONS TO BAIL
When considering whether or not one of the exceptions to the right to bail exists the court shall have regard to such of the following considerations as it considers relevant:
a. the nature and seriousness of the offence and the probable method of dealing with the defendant for the offence
b. the character, antecedents, associations and community ties of the defendant
c. the defendant's previous conduct when granted bail
d. the strength of the evidence against the defendant
ANNOUNCEMENT OF REASONS
Whenever a court refuses to grant bail the court must specify the statutory exception(s) it has found to be satisfied, together with the reasons why the exception(s) apply. They must be announced in open court and recorded in the register. The defendant is given a copy of the bail record.
Where the defendant is charged with a serious offence (murder, attempted murder, manslaughter, rape or attempted rape) and:
i. the prosecution make application to withhold bail and
ii. the court decides to grant him or her bail
The court shall state the reasons for its decision and shall cause those reasons to be included in the record of the proceedings