Under the Bail Act 1976, what is the general starting point for a defendant charged with an imprisonable offence?
Answer and explanation
Correct answer: A. A presumption in favour of bail
- Step 1: Section 4 of the Bail Act 1976 creates a right to bail.
- Step 2: The court may refuse bail if there are substantial grounds to believe the defendant would fail to surrender, commit an offence or interfere with witnesses.
Answer
A presumption in favour of bail.
Why not the others: The presumption favours bail; a presumption exists; a surety is not required.
Practise more Criminal procedure, evidence and sentencing.
Free questions with an explanation for every one, and full timed SQE1 (Solicitors Qualifying Examination) mock tests.
More Criminal procedure, evidence and sentencing questions
- Under section 24 of PACE 1984, a constable may arrest without a warrant if he has reasonable grounds for suspecting an offence and one of wh…
- A suspect is arrested for burglary and the relevant time begins on arrival at the police station. What is the general maximum period of dete…
- Which provision gives a suspect in custody a right to consult a solicitor?
- A suspect interviewed under caution fails to mention a fact he later relies on at trial. What can a court do under section 34 of the Crimina…
- What is the Full Code Test used by the Crown Prosecution Service when deciding whether to charge?
- Which of the following is a summary-only offence?