Details

Title: Bail

Description: Process of granting bail

Total Flash Cards: 6

Created: 03/23/2008 01:28:25

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Additional Law Flashcards

Cards in this set:

Term
Granted by...
 Definition
both the police and magistrates can grant bail and the powers of the magistrates’ court
Term
Reason for refusing bail (Police)
 Definition
There is doubt about your name or address; or
Detention is necessary to protect you or somebody else; or
You will fail to attend court or will interfere with witnesses or the administration of justice.
Term
Reason for refusing bail (Courts)
 Definition
Fail to attend court.
Commit further offences.
Interfere with witnesses.
Term
Factors affecting
 Definition
  • nature and seriousness of offence
  • antecedents of defendant
  • previous bail record
  • strength of evidence against defendant.
Term
Conditional Bail
 Definition

Where the police think there is a risk that you may commit another offence, fail to turn up at court, intimidate the victim or other witnesses, or obstruct the course of justice they can impose certain conditions

Term

Unconditional Bail

 Definition

If the police think that you are unlikely to commit another offence, will attend court when required, and will not intimidate the victim or other witnesses or obstruct the course of justice they will usually release you on unconditional bail. This requires that you turn up to court on time. If you do not turn up, the court will issue a warrant for your arrest.