BailBail

What is bail?What is bail?

Bail is being given liberty until the next stage Bail is being given liberty until the next stage in the case.in the case.

Remand in Custody is being kept in custody Remand in Custody is being kept in custody until your trial.until your trial.

This is an extremely important pre-trial This is an extremely important pre-trial matter which needs to be considered in every matter which needs to be considered in every case.  A person can be released on bail at any case.  A person can be released on bail at any point after being arrested by the police, point after being arrested by the police, sometimes however it is felt necessary to sometimes however it is felt necessary to keep the suspect/defendant in custody until keep the suspect/defendant in custody until their trial.their trial.

Police BailPolice Bail The police can release a suspect on bail while they make The police can release a suspect on bail while they make

further inquiries.  This means that the suspect is released further inquiries.  This means that the suspect is released from custody on condition that they return to the police from custody on condition that they return to the police station on a specified date in the future.station on a specified date in the future.

The police can also give bail to a suspect who has been The police can also give bail to a suspect who has been charged with an offence.  In this situation the defendant is charged with an offence.  In this situation the defendant is given bail on condition that they appear at the Magistrates' given bail on condition that they appear at the Magistrates' Court on a specified date.Court on a specified date.

The decision whether or not to grant bail is made by the The decision whether or not to grant bail is made by the custody officer under s38 of the custody officer under s38 of the Police And Criminal Police And Criminal Evidence Act 1984 (PACE)Evidence Act 1984 (PACE) (as amended by the  (as amended by the Criminal Criminal Justice and Public Order Act 1994) Justice and Public Order Act 1994)  The custody officer The custody officer can refuse to grant bail if;can refuse to grant bail if;

the suspect's name and address cannot be ascertainedthe suspect's name and address cannot be ascertained there are doubts about whether the suspect's name and there are doubts about whether the suspect's name and

address are genuineaddress are genuine If any person fails to surrender to police bail on the date If any person fails to surrender to police bail on the date

specified then the police have the right to arrest them.specified then the police have the right to arrest them.

Conditions on Police Bail Conditions on Police Bail The The Criminal Justice and Public Order Act Criminal Justice and Public Order Act

19941994 gave the police the power to impose certain gave the police the power to impose certain conditions on a grant of bail.  These include;conditions on a grant of bail.  These include;

asking the suspect to surrender their passportasking the suspect to surrender their passport to report regularly to the police stationto report regularly to the police station getting another person to stand surety for themgetting another person to stand surety for them These conditions can be imposed in order to;These conditions can be imposed in order to; make sure the suspect surrenders to bailmake sure the suspect surrenders to bail does not commit an offence whilst on baildoes not commit an offence whilst on bail does not interfere with witnessesdoes not interfere with witnesses does not interfere in any other way with the does not interfere in any other way with the

course of justicecourse of justice

When the Police Refuse to When the Police Refuse to Grant Bail Grant Bail

If the police charge a suspect with an offence If the police charge a suspect with an offence and are not willing to grant them bail they must and are not willing to grant them bail they must bring the defendant before the Magistrates' bring the defendant before the Magistrates' Court at the first possible opportunity.Court at the first possible opportunity.

   It is not usually possible for the Magistrates to It is not usually possible for the Magistrates to

deal with the case there and then so they must deal with the case there and then so they must make the decision whether the defendant is make the decision whether the defendant is granted bail or remanded in custody.  It is only granted bail or remanded in custody.  It is only in a very small percentage of cases that the in a very small percentage of cases that the police refuse bail.  The main statute relating to police refuse bail.  The main statute relating to whether a defendant should be granted bail by whether a defendant should be granted bail by the Magistrates' Court is the the Magistrates' Court is the Bail Act 1976Bail Act 1976

The Bail Act 1976The Bail Act 1976 There is an assumption under the There is an assumption under the Bail Act Bail Act

19761976 that an accused person should be that an accused person should be granted bail.granted bail.

   s4 of the s4 of the Bail Act 1976Bail Act 1976 gives a general right gives a general right

to bail, however, the Court need not grant a to bail, however, the Court need not grant a defendant bail if it is satisfied that there are defendant bail if it is satisfied that there are substantial grounds for believing that the substantial grounds for believing that the defendant, if released on bail, would;defendant, if released on bail, would;

fail to surrender to custodyfail to surrender to custody commit an offence whilst on bailcommit an offence whilst on bail interfere with witnesses or otherwise obstruct interfere with witnesses or otherwise obstruct

the course of justicethe course of justice needs to be kept in custody for their own needs to be kept in custody for their own

protectionprotection

The Bail Act 1976The Bail Act 1976 When deciding whether to grant bail to the defendant When deciding whether to grant bail to the defendant

the court will consider various factors;the court will consider various factors; The nature and seriousness of the offenceThe nature and seriousness of the offence The character, antecedents (past record), The character, antecedents (past record),

associations and community ties of the defendantassociations and community ties of the defendant The defendant's previous record when granted bailThe defendant's previous record when granted bail The strength of the evidence against the defendantThe strength of the evidence against the defendant The court can also set conditions to a grant of bail, The court can also set conditions to a grant of bail,

similar to the ones which may be made by the police similar to the ones which may be made by the police and can also make a condition of bail that the and can also make a condition of bail that the defendant must reside, while on bail, at a certain defendant must reside, while on bail, at a certain address or even in a bail hostel.address or even in a bail hostel.

     A defendant can appeal against the refusal of the A defendant can appeal against the refusal of the

Magistrates' Court to grant bail.  This appeal is to a Magistrates' Court to grant bail.  This appeal is to a judge in the Crown Court.  Where a defendant has judge in the Crown Court.  Where a defendant has been sent to the Crown Court for trial (indictable and been sent to the Crown Court for trial (indictable and some triable either way offences) the defendant can some triable either way offences) the defendant can apply for bail there.apply for bail there.

Restrictions on the Right Restrictions on the Right to Bail to Bail

In certain cases there is a restriction on the right to In certain cases there is a restriction on the right to bail:  bail: 

Repeat serious offendersRepeat serious offenders Where the current offence was committed whilst Where the current offence was committed whilst

already on bailalready on bail Adult drug usersAdult drug usersWhere an adult offender has tested positive for certain Where an adult offender has tested positive for certain

Class A drugs s19 of the Class A drugs s19 of the Criminal Justice Act 2003Criminal Justice Act 2003 places restrictions on the granting of bail, where;places restrictions on the granting of bail, where;

the offender is either charged with possession or the offender is either charged with possession or possession with intent to supply a Class A drugpossession with intent to supply a Class A drug

the court is satisfied that there are substantial the court is satisfied that there are substantial grounds for believing that the misuse of a Class A grounds for believing that the misuse of a Class A drug caused or contributed to the offencedrug caused or contributed to the offence

the offender has refused to agree to an assessment the offender has refused to agree to an assessment regarding their dependency upon certain Class A regarding their dependency upon certain Class A drugsdrugs

Prosecution AppealsProsecution Appeals

The The Bail (Amendment) Act 1993Bail (Amendment) Act 1993 gives the prosecution the right to gives the prosecution the right to appeal to a judge in the Crown Court appeal to a judge in the Crown Court against the granting of bail.  This against the granting of bail.  This applies to any offence which is applies to any offence which is punishable with imprisonment punishable with imprisonment