?How does the law on bail balance the rights of the suspects against the need to protect society? (14marks) Bail is the temporary release of a defendant after a police interview where an important decision takes place on whether the defendant should stay in custody or whether bail should be granted. This essay will discuss how the law on bail balances the rights of the suspects against the need to protect society. The Bail Act 1976 clearly states bail may not be guaranteed if there are substantial grounds for believing there are substantial grounds for believing that that the defendant would fail to surrender to custody.
In these circumstances the suspect may in fact be innocent and in worse circumstances they may be accused of a crime they haven’t committed which would be unfair. The law must consider the suspect’s human rights and there is no guarantee that the suspect won’t turn up. However there is no evidence that the suspect is innocent so releasing them back into the society may risk innocent lives of the public in these circumstances the victim would be in danger where the suspect may attack again or even commit another offence.
The suspect may disappear as soon as they are granted bail and may disappear off to another country for instance where they may have family or friends abroad. Also if they do disappear searching for the suspect will consume valuable police time and it would cost a large amount of money to find them. Another condition where bail would be refused is if there is a chance that the defendant would interfere with witnesses or otherwise obstruct the course of justice.
This would protect society as if the defendant was given bail they may convince the witnesses to change or even withdraw their statement as a result justice would not be served and the witness may be in danger because they could also cause psychological or even physical harm. Consequently by making the witnesses change or withdraw their statement this would complicate the case and the defendant would get away with the committed crime and may even reoffend.
However this would be unfair on the defendant as an individual we all have basic human rights that we are entitled to and the defendant may be innocent and would be accused of a committed crime they may have not committed. Police officers should consider the nature seriousness and consider the situation as a whole before deciding whether to grant bail or not. One other condition where bail may be refused is if the police are led to believe that the defendant would commit an offence whilst on bail, this would put the community/society at risk as the defendant may harm the victim or witnesses and they may even change or alter their statement out of fear and being threatened.
This would be unfair on the defendant as there is no guarantee that they would commit another offence and we are all entitled to human rights. In conclusion after discussing how the law on bail balance the rights of the suspects against the need to protect society it appears that the defendants would more likely harm or put a risk to the society. To what extend does conditional bail provide an effective alternative to remanding someone in custody?
(14 marks) Conditional bail is where there are conditions on a grant of bail whether it may be curfew, surety, surrender of passport, reporting to the police or residence. Remand is keeping someone in custody until their trial. This essay will discuss how conditional is a better and effective alternative to remanding someone in custody. A type of conditional bail is curfew where there is a set time the custody officer gives you for you to be home by to do this they attach a tag to check if you are at home. The positives of this condition are that it is easy to track the person because of the tag which tracks your every move.
Another positive of this is that it restricts the offender from going out and committing crime for example they may steal at night, by having a curfew you would be incapacitating them. However they may still commit crime at different times of the day where the police may be unaware that they even committed a crime Another type of conditional bail is surrendering your passport this is where you hand in your passport the positives of this is that the suspect is unable to travel out of the country where they may escape therefore they can turn up to their trial and justice is served.
However in some cases the defendant may be so desperate that they make a fake passport and are able to travel out of the country. Thirdly another possible condition that could be required by courts could be reporting to a police station this way the police or custody officer know the defendant hasn’t fled the country and they are within the country. This would prevent the defendant from running away as they know if they don’t turn up to the police station searches would go out and it would be quicker to find them.
But the police are unaware as to how the defendant is behaving when they are not reporting to the police station where they could be committing a dozen crimes. Another possible condition of bail may be residence where the person whom may have no fixed address or homeless or protection reasons may be required to stay at a hostel where the police can monitor them. The positives of this are that the police know every move of the defendant and would be able to tell whether they have committed a crime or not and it prevents defendants from fleeing the country.
However the negatives are that many homeless people may commit crimes just for food and shelter and the basic needs of which they desperately require. The last and upmost least condition of bail may be surety where a person makes a promise to pay money so the defendant is granted bail the positives of this condition is that the defendant knows the person has paid such a large sum of money and they may be frightened that if they flee the country they may have to face punishments so they feel as though they must be obedient.
However there are negatives to this condition, they are that those who have committed much worse crimes would be granted bail because they can afford it. In conclusion after discussing to the extent of conditional bail and why it would be more effective than remanding the defendant it appears that it would be better to remand to prevent further crimes committed or lives put in danger.