The Place of the Magistrates Court
 


 

 


Bail and the Human Rights Act 1998: [HC]


Published June 2001

Paperback
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The Bail Act, 1976


Published 1976
The Stationery Office Books
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Bail in Criminal Proceedings

by Neil Corre, David Wolchover
Published1999
Blackstone Press
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EXCEPTIONS TO THE RIGHT TO BAIL (IMPRISONABLE OFFENCE'S)

* the defendant need not be granted bail if the court is satisfied that there are substantial grounds for believing that, if granted bail, (s)he would:

i. fail to surrender to custody or

ii. commit an offence whilst on bail or

iii. interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person

* the defendant need not be granted bail if the court is satisfied that (s)he should be kept in custody for his or her own protection or, if (s)he is a child or young person, for his or her own welfare

* the defendant need not be granted bail if (s)he is serving a custodial sentence imposed by a court or a military tribunal

* the defendant need not be granted bail where the court is satisfied that it has not been practicable to obtain sufficient information for the purpose of making a bail decision due to lack of time since the institution of proceedings

* the defendant need not be granted bail where (s)he, having been released on bail in criminal proceedings, has been arrested for failing to surrender or for breach of bail

* the defendant need not be granted bail if (s)he is charged with an indictable or either way offence and it appears to the court that (s)he was on bail in criminal proceedings at the time of the offence



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