NCJ Number
52903
Journal
Criminal Law Review Dated: (JUNE 1977) Pages: 338-347
Date Published
1977
Length
10 pages
Annotation
THE ENGLISH BAIL ACT OF 1976 IS EXAMINED IN DETAIL. IT IS CONCLUDED THAT THE ACT WILL MAKE FUNDAMENTAL CHANGES IN THE CONCEPT OF BAIL WHILE THE PRACTICAL ASPECTS OF GRANTING BAIL REMAIN ESSENTIALLY UNCHANGED.
Abstract
THE HISTORY OF THE CONCEPT OF BAIL AND THE HISTORY OF THE USE OF BAIL IN ENGLAND ARE BRIEFLY REVIEWED. IT IS POINTED OUT THAT THE OLD NOTION OF RELEASING THE DEFENDANT INTO THE CUSTODY OF ANOTHER, WHO DEPOSITS BAIL MONEY, IS NO MORE THAN A LEGAL FICTION. THE BAIL ACT CHANGES THIS CONCEPT. INSTEAD, THE SURETY IS GIVEN TO THE COURT AND A NEW OFFENSE, THAT OF ABSCONDING WHILE ON BAIL, IS ADDED. THE PRACTICAL MATTER OF RAISING THE MONEY, AND THE ROLE OF THE POLICE OR THE MAGISTRATE IN SETTING THE BAIL REMAIN UNCHANGED. A LENGTHY DISCUSSION OF THE ARGUMENTS FOR AND AGAINST BAIL REFORM WHICH WERE ADVANCED DURING CONSIDERATION OF THE ACT IS GIVEN. IT IS CONCLUDED THAT THE NEW ACT IS THE RESULT OF MANY COMPROMISES, WHICH EXPLAINS WHY LITTLE TRUE REFORM HAS BEEN ACCOMPLISHED. THE MOST POSITIVE ASPECT OF THE ACT IS THE REQUIREMENT THAT COURTS GRANTING BAIL MUST RECORD THE DECISION AND GIVE REASONS FOR DENYING BAIL TO ANY PERSON WITH A LEGITIMATE INTEREST IN THE CASE. THIS MAY ENABLE A DEFENDANT TO MAKE FURTHER APPLICATION FOR BAIL OR TO APPEAL TO A HIGH COURT FOR A MORE RATIONAL HEARING. THE ACT ALSO ESTABLISHES PROCEDURES FOR THE CONSIDERATION OF BAIL APPLICATIONS. IT IS CRITICIZED FOR FOCUSING TOO MUCH ON THE PROCEDURAL ASPECTS OF BAIL APPLICATIONS WITHOUT LOOKING INTO THE BASIC PROBLEMS OF THE NEED FOR BAIL AND WITHOUT RECOGNIZING THE COURT'S NEED FOR ADEQUATE RELEVANT INFORMATION ABOUT BAIL APPLICANTS. IT IS SUGGESTED THAT THE ACT FAILS TO STRIKE A BALANCE BETWEEN THE PRINCIPLE THAT NO ONE SHOULD BE DEPRIVED OF HIS LIBERTY UNLESS HIS GUILT IS PROVED AND THE COMMUNITY'S DESIRE FOR SAFTEY. FOOTNOTES CONTAIN REFERENCES. (GLR)