VIVA examination Essay Example | Topics and Well Written Essays - 2500 words

VIVA examination - Essay Example In his statement, the defendant states that he is married and operates a business that employs two individuals. According to the witness statements document 3 and 4 the defendant did not resist arrest and complied with the arresting officers when he was arrested. When the defendant was granted the pre-charge bail, he did not abscond and willingly returned to the police station to be interviewed on the second occasion. From his antecedents it is also evident that the defendant was born in Lymeshire and has a permanent address. The defendant does not have any outstanding bail commitment and has not made attempt to return to The Void. The Bail Act 1976 provides that the court should presume that the defendant should be granted bail unless there are circumstances to justify refusal of bail. Part II of the act provides circumstances when the defendant need not be granted bail. These circumstances include where it is apparent to the court that the defendant failed to surrender to custody in accordance to bail conditions in a previous bail commitment. The court can also refuse to grant bail if it believes that the defendant was on bail when the offence was committed. Additionally, the court need not grant bail if it is satisfied that there are reasons to believe that the defendant would commit a crime while on bail, refuse to commit to custody, interfere with witness or obstruct justice. Furthermore, the court should not grant bail to the defendant if it is satisfied that the defendant should remain in custody for his own protection (Loveless, 2008). From the defendants statement of proof it is apparent that the defendant did not fail to surrender to custody in accordance to the conditions of the pre-charge bail. The defendant was not on bail when the alleged crime was committed. There is no evidence on record or reason to believe that the defendant would commit a crime while on bail. The defendant does not intend to refuse to commit to