After an arrest, the procedure followed until an accused person is released on bail in the magistrates' court involves several key steps. These steps are substantiated by reference to legislation and case law in the context of the United Kingdom.
Upon arrest, the accused will be informed of the reasons for their arrest, as required by Section 28 of the Police and Criminal Evidence Act 1984 (PACE). Section 30(1) of PACE requires a person arrested to be taken to a police station as soon as reasonably practicable. Upon arrival at the station, the police officer must carry out certain administrative procedures, such as conducting a custody record, obtaining the suspect's details, and conducting a search as permitted by Section 54 of PACE.
The police may then decide whether to detain the accused for further investigation or release them on bail. The decision to grant bail is subject to several considerations, primarily the likelihood of the accused failing to attend court, committing offenses while on bail, interfering with witnesses or obstructing the administration of justice. These considerations are set out in Section 4 of the Bail Act 1976.
If the police decide to release the accused on bail, they must set bail conditions. These conditions are intended to mitigate any risks associated with releasing the person and ensure their attendance at court. The imposed conditions should be necessary, proportionate, and reasonable. Section 3 of the Bail Act 1976 lists the factors to be considered when setting bail conditions.
However, if the police decide to detain the accused, they must follow the rules set out in Code C of PACE. This includes providing the accused with essential rights and protections, such as the right to legal advice, access to medical treatment, and regular reviews of detention. Failure to meet these requirements may render the detention unlawful, as established in the case of R v. Islington Justices, ex parte Thomson.
Within 24 hours of arrest, the police must either charge the accused or apply for further detention. To extend detention beyond 24 hours, the police must apply to a magistrate for authorization under Section 43 of PACE. This allows them to detain the accused for up to 36 or, in exceptional cases, 96 hours, for the purpose of continued investigation. The magistrate's approval is required, and they must be satisfied that the detention remains necessary and proportionate.
At the end of the detention period, the accused must be brought before a magistrates' court for a bail hearing, as mandated by Section 38(1) of PACE. This hearing is regulated by the Bail Act 1976, and the court will consider various factors, including the strength of the evidence against the accused, their character and antecedents, any risk of further offenses, and their ties to the community. The court may grant bail, with or without conditions, or choose to remand the accused in custody until trial.
In summary, after arrest, the legislation and case law require the police to follow specific procedures, including informing the accused of the reasons for arrest, conducting administrative tasks at the police station, considering the decision to release on bail or detain, and applying for further detention if necessary. The accused also has the right to a bail hearing in the magistrates' court, where bail conditions may be set or the accused may be remanded in custody. The PACE, Bail Act 1976, and relevant case law govern this process in the UK.
Provide a short summary of the procedure after arrest, substantiated with reference to legislation and case law. You need to discuss what happens to the accused after arrest until the point where the accused is released on bail in the magistrates' court.
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