Bail Activity

Topics: Bail, Crime, Magistrate Pages: 4 (1373 words) Published: September 3, 2010
Affaf Noor Saidi

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 appearance 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 office 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...
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