Affaf Noor Said' 1 . Consider arguments for and against granting bail to each of the following defendants. * Lucy, aged 22, has been charged with dealing heroin.
She was caught with a large amount of the drug in the back of her car. She lives with her parents and has worked as an office assistant for the same employer since leaving school at the age of 16. Bail is when a person is granted temporary freedom provided the person promises to appear at court on a fixed date and pay a certain sum, a surety if the promise is broken.The granting of bail may be conditional upon the accused ppearance at the police station at given times before the trial. Section 38 of the Police And Criminal Evidence Act 1984 provides that when a person arrested otherwise than under a warrant endorsed for police bail is charged with an offence, the custody officer must order his release from police detention either on bail or without unless the suspect's name and address cannot be ascertained or there are reasonable grounds for doubting the truth of the name and address.
Lucy was charged with dealing heroin, a large amount of the drug was found in the back of her car. Lucy also lives with her parents and has been working as an ffice assistant for the same employer since she was 16. One of the reasons why Lucy should be granted bail is that she resides at a specific address with her parents. This shows that Lucy has a permanent place to stay, and by granting her bail, the police can identify her address should they need to find. She also worked at the same place with the same employer since she was out of school at the age of 16.This proves that Lucy has a stable monetary income to care for her parents.
Therefore Lucy would not leave her parents without an income by committing other offenses whilst on bail or even Jeopardising her Job. On the other hand, dealing with heroin is a presumption against bail. As heroin is a Class A type drug. Under Section 19 of Criminal Justice Act 2003, where an adult offender is either charged with possession or possession with intent to supply a Class A drug, there is a restriction on to the right for bail.
Other than that Lucy should not be granted bail because she has been working in the same place for the past six year, she might have a big circle of contacts around her area of residence or work location, there is doubt in whether her colleagues could be supplying her with the drugs or are her clients. Another thing is that, Lucy has a stable income and she lives with her parents, she could decide to move houses or even try to start reselling the heroin as she has the money to purchase the drugs. * Barry, aged 36, nas a number ot previous convictions tor shoplifting over the last five years.He is currently charged with stealing a Jacket worth E60 from a shop in the High Street.
Barry lives in a squat with his girlfriend. He is currently unemployed. On granting bail, the court will consider whether the defendant deserves to be granted bail. The factors of granting bail is/are, whether the nature and seriousness f the offense is entitled to a bail, whether the defendant's previous records were granted bail, or/and whether the strength of the evidence against the defendant is enough to be considered for bail.Other than that, the court also set conditions to a grant of bail, while on bail, the defendant must reside at a particular known address by the police. Barry should not be given bail because the seriousness of the offense is not big.
Barry stole a Jacket worth 60 pounds, therefore the court should not grant him bail as he would not flee out of the country over a 60 pounds Jacket or even try to Jeopardise imself by not turning up to the hearings. Other than that, he has had a number of previous convictions for shoplifting over the last five years, this shows that never fails to turn up at every stage of hearing.Moreover, Barry lives with his girlfriend, this proves that he has no place to stay or someone to look after him as he has no stable income to earn a living on his own, therefore he would not risk his life by not turning up for hearing dates. On the other hand, if Barry was to be released on bail, there is a high chance that he might commit similar offences whilst on bail, as he had a number of shoplifting in the past. Furthermore, he is living in a squat with his girlfriend, thus running away is easier for him.
This is because the police does not know his exact or permanent address, therefore finding him would be hard for the police if he decides to run away. * Shirley, aged 31, is an accountant. She lives with her husband and four children in a detached house. She is accused of defrauding one of her clients out of several thousand pounds.
One of the factors that are considered by the court before granting bail to defendants is the defendant's ties with the community. Shirley is a mother of four and lives with her family in a detached house.She should be given bail because she is well settled down with her family and is occupied with her children. Therefore, she would not flee the country and leave her family behind. Other than that, she is an accountant, she should be given bail because she has the obligation to attend the hearings of the court so that her reputation among her clients does not go down.
Moreover, she would not try to commit any other similar offenses as she might lose her clients if she does. On the other hand, fraud is a presumption against bail. As it affects the public, Shirley should not be given bail. Shirley and her family lives in a detached house, this
