Assignment 2 Unit 17 Understand the powers of the police to grant bail Marcus Chadwick
(P4)
Police Powers to grant bail before charge and after charge
Bail is when you are set free from police custody following a charge until the next stage of the case.
If a person has been charged with bail then police must release this person unless:
The person’s name or address is unclear. For example the person’s name could link him with
murders therefore letting them out on the streets is dangerous
If the police believe that the person will be in contact with witness or evidence that could
shorten the charge or prove that he/she is innocent. For example a person saw the murder
so the suspect could be in contact to ensure that the person does not say anything about the
murder
If the police believe that the suspect needs to be kept in police custody to protect the
suspect or to protect someone else. A murder suspect may have to keep in bail to keep the
safety of others so they don’t them murdered.
The police suspect that the person will not turn up to court following a case.
Bail can be decided by the legislation acts such as:
Bail Act (1976)
Criminal Justice Act (2003)
Police and Justice (2006)
It is possible for bail to given before and after a charge. If a police investigation is still in process but
the police do not have enough evidence just yet to charge a suspect they will bail this suspect
however they must come back to the police station at a different time. If police decide not to give
bail to a suspect they must present a case to the magistrate court in which the suspect will be
granted guilty or not guilty. If the Magistrate court can’t deal with the case at that time then the
magistrate will make a decision whether to grant bail or to keep the suspect in police custody.
Restrictions on bail granted by the police
The police can give conditions of which a bail is carried out. This means they can leave the police
station however have to follow strict procedures such as:
Keep passport of suspect to stop he or she from fleeing the country to escape a charge
A regular report to the police station therefore the police knows what the suspect is up to
and proof that he or she is not fleeing.
Curfews such as not being able to stay out past 10 o’clock at night to prevent further crime
whilst on bail.
Surrender of passport
This is a possibility of conditions that the police can give you if they believe the suspect could flee to
a different country to escape a charge as they will need a passport to flee however if the police keep
the passport then this stops the suspect from fleeing to a different country outside UK. Surrendering
passport can be a bad thing for the suspect as they may rely on this passport for identification on
everyday life to live therefore if the police take this away then the suspect may not be able carry out
day to day life.
(P4)
Police Powers to grant bail before charge and after charge
Bail is when you are set free from police custody following a charge until the next stage of the case.
If a person has been charged with bail then police must release this person unless:
The person’s name or address is unclear. For example the person’s name could link him with
murders therefore letting them out on the streets is dangerous
If the police believe that the person will be in contact with witness or evidence that could
shorten the charge or prove that he/she is innocent. For example a person saw the murder
so the suspect could be in contact to ensure that the person does not say anything about the
murder
If the police believe that the suspect needs to be kept in police custody to protect the
suspect or to protect someone else. A murder suspect may have to keep in bail to keep the
safety of others so they don’t them murdered.
The police suspect that the person will not turn up to court following a case.
Bail can be decided by the legislation acts such as:
Bail Act (1976)
Criminal Justice Act (2003)
Police and Justice (2006)
It is possible for bail to given before and after a charge. If a police investigation is still in process but
the police do not have enough evidence just yet to charge a suspect they will bail this suspect
however they must come back to the police station at a different time. If police decide not to give
bail to a suspect they must present a case to the magistrate court in which the suspect will be
granted guilty or not guilty. If the Magistrate court can’t deal with the case at that time then the
magistrate will make a decision whether to grant bail or to keep the suspect in police custody.
Restrictions on bail granted by the police
The police can give conditions of which a bail is carried out. This means they can leave the police
station however have to follow strict procedures such as:
Keep passport of suspect to stop he or she from fleeing the country to escape a charge
A regular report to the police station therefore the police knows what the suspect is up to
and proof that he or she is not fleeing.
Curfews such as not being able to stay out past 10 o’clock at night to prevent further crime
whilst on bail.
Surrender of passport
This is a possibility of conditions that the police can give you if they believe the suspect could flee to
a different country to escape a charge as they will need a passport to flee however if the police keep
the passport then this stops the suspect from fleeing to a different country outside UK. Surrendering
passport can be a bad thing for the suspect as they may rely on this passport for identification on
everyday life to live therefore if the police take this away then the suspect may not be able carry out
day to day life.
