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'Bail is a fundamental human right that should be granted to suspected offenders no

matter the crime'. Critically consider if the criteria and practice used by the police and the
courts in granting or refusing bail are in lined with the fundamental human right to
personal liberty.
- Note that 'bail' isn't a stand-alone chapter or topic, as it relates to criminal process.

I.) Introduction

a.) Briefly mention the police and its powers, and how it then comes to the
question on bail, especially with regards to the power of arrest, detention and subsequent
charging of the suspect with a crime and how it then comes to the question on bail.

b.) Briefly define bail and its importance as human right to civil liberty

- Slight overlap with the chapter Human Rights, especially Article 5 of the ECHR

c.) Thesis statement: Emphasise that before we go on to evaluate if the criteria


used by the police and the courts in granting or refusing bail are in lined with the
fundamental human right to personal liberty, we should first discuss in detail the
definition and importance of bail.

II.) Body

* Point one

a.) We should first briefly discuss some of the relevant police powers with
an example of a scenario which will lead to the relevance and discussion on bail.

- Briefly explain arrest, detention and eventual criminal charge to the suspect for
whatever offence.

b.) Define bail and briefly discuss its importance to the suspect who has
been charged with the crime.

c.) How both the police and the Magistrate's Court have the authority to
decide on bail.

- Explain how bail generally works.

d.) Mention the Bail Act 1976, and Art 5 of the ECHR.

- Not too much detail abt the Act and the Article.

- Point one should be factual-based discussion on the very nature and importance of
bail.

* Point two
'Bail is a fundamental human right that should be granted to suspected offenders no
matter the crime'. Critically consider if the criteria and practice used by the police and the
courts in granting or refusing bail are in lined with the fundamental human right to
personal liberty.
Many criteria for which bail can or cannot be granted:

a.) Conditions for bail under the Bail Act 1976 should be discussed
in detail with simple examples to illustrate how some of the conditions can be applied to
a given scenario, such as the nature and seriousness of an offence, and the strength of
the evidence against the suspect.

b.) Criteria against bail for repeated indictable crimes such as


murder, rape, and so on under the Criminal Justice and Public Order Act 1994 should
also be mentioned

c.) Briefly mention the appeals for bail by the defendant, and the
appeals against bail by the prosecution

- We should definitely not discuss the criteria for bail against the idea of fundamental
liberties as we should leave that for the evaluation point

* Point three

Evaluate bail and the conditions for bail against the notion of fundamental human
right to personal liberty:

a.) Emphasise more on human rights to liberty, and with this we


should definitely bring up Art 5 of the ECHR as well as the HRA 1998.

b) Whatever we discuss about human rights should be related to bail


and the conditions of bail so that critical evaluation can be made about the justice for
and against the grant of bail.

c.) Bring up some of the more critical aspects for the criteria for and
against the granting of bail.

- The suspect's criminal record and previous grants of bail, whether for a minor crime or
an indictable one.

- This point also allows us more freedom to express ourselves so that whilst addressing
the question, we can give our own comments, views and opinions on the matter so that
we can give more life to our essay.

III.) Conclusion
'Bail is a fundamental human right that should be granted to suspected offenders no
matter the crime'. Critically consider if the criteria and practice used by the police and the
courts in granting or refusing bail are in lined with the fundamental human right to
personal liberty.
a.) A simple conclusion will suffice with no extra points being mentioned in the
conclusion

b.) Briefly summarise what has been discussed in the content of the essay, and
highlight some of the more important points of the essay that may address the question.

IV.) Review

a.) Introduction

- Briefly mentioned police powers and how it relates to bail, and then briefly defined bail
and its human rights background before we moved on to the thesis statement stating our
objective for the whole essay.

b.) Point one

- Developed our essay by bridging the gap between the introduction and the focus of the
content by briefly explaining how bail generally works in a factual-based discussion on
the very nature and importance of bail.

c.) Point two

- Endeavoured to discuss the many conditions and criteria for and against the granting of
bail in any given scenario.

d.) Point three

- Critically evaluated the conditions and criteria for bail by bringing up the notion of
fundamental human right to personal liberty and gave our own views, cmts, and opinions
abt it.

e.) Conclusion

- Summing up our discussion and highlighting some of the more important points in the
whole content of the answer.

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