Advantages And Disadvantages Of The Bail Act 1976
This essay will evaluate the components of the Bail Act 1976 and assess the prospects for Mr Rawlins being granted bail. This is a bail application that is subject to factors that are either supportive of bail or not supportive of bail.
The Bail Act 1976 gives a general right to bail, regardless of how serious the offense. In the BA Act 1976, if the defendant does not surrender to the authority they are naturally guilty of an offense. The courts are governed by the arrangements found in the BA 1976 and there is a presumptive right to bail under section 4, and it can be refused on conditions set out in the BA.
There are numerous focal points advantages and disadvantages to bail, and the BA has advanced throughout the years yet the central rule of bail is as yet current today which is illustrated out in S4 (1) BA 1976 makes a rebuttable assumption for bail. It is critical and extremely hard to
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In some exceptional circumstances the court will give bail if the defendant had beforehand been involved in serious offenses, the burden rests with the court to justify it. Criminal Justice and Public Order Act 1994 (CJPOA) s25. The BA 1976 gives general ideal to bail however does not make a difference to all defendants in the criminal justice system. In BA 1976 sch1, when this event emerges bail will be denied.
Article 5 of the European Convention on Human Rights gives a right to liberty and freedom. The effect of HR on bail is seen in 2001 Law Commission Report (No. 269). This report bought about change that was implemented. In Caballero v UK (2000) 30 EHRR 643. The European Court of Human Rights decided that s25 negated Art 5. Section 25 was changed to permit defendants accused for serious offenses where there are exceptional conditions which justifies it. CPA 1998
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