AS Law Assignment.docx - Teacher: Mr Siva AS Law 9084...

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Teacher: Mr SivaStudent: Polly HaAS Law 9084Intake: January 2020AssignmentSubmitted On: 18thMay 2020Based on the question given, we are asked to consider whether Lucy will be grantedbail on this occasion. Lucy, aged 22, has been changed with dealing heroin. She wascaught with a large amount of the drug in the back of her car.Bail is an important pre-trial matter which needs to be considered in every case. Aperson can be released on bail after being arrested by the police. However, sometimes, itis felt necessary to keep the suspect in custody until the trial due to certain reason.According to section.4 of Bail Act 1976, all offences are bailable. By this notion, itis argued that Lucy is entitled to apply for bail before the court even she is accused ofdealing with a large amount of the drug in the back of her car.Besides, there is presumption against the grant of bail for more serious offences. Thedefence will have to successfully argue for the grant of bail. Thus, Lucy may be moredifficult to be granted for bail as her offence which is related to dealing with heroin isconsidered as a serious offence. Heroin is a class A drugs.Under s.19 of Criminal Justice Act 2003, it places restrictions on the granting of bailwhere an adult offence has tested positive for certain Class A drugs or the offender iseither charged with possession or possession with intent to supply a class A drugs. Thecourt is satisfied that there are substantial grounds for believing that the misuse of a ClassA drug caused or contributed to the offence. The offender has refused to agree to anassessment regarding their dependency upon certain Class A drugs. Therefore, Lucy maynot be granted bail unless the court is satisfied that there is no significant risk of hercommitting an offence on bail.However, Lucy may argue that she must go to work as if she kept in custody, shemay lose her job. She works as an office assistant for the same employer since leavingschool at the age of 16. She is not highly educated so if she is terminated by her company,it is hard for her to find a new job.

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Term
Spring
Professor
N/A
Tags
criminal law, magistrate, Lucy

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