Bail

Question 1

The right to bail

Answer 1

= Prima facie right to be released from custody = s. 4 of the Bail Act

Two types of bail:
- Police bail - released from custody until the first court hearing
- Court bail - in custody until the first hearing where an application for bail is made and granted

• Reverse presumption of NO right to bail if:
  1. Charged for a specified serious offence for 2nd time (sexual offences, manslaughter)
  2. Committed to Crown Court
  3. If D is appealing a verdict or conviction

No right to bail for a charge of murder unless the judge has reasonable grounds to believe the D would not interfere or physically harm any witnesses or would not pose any danger to society

Question 2

Exceptions to the right to bail

Answer 2

• Found in Schedule 1 of the Bail Act
• Apply for indictable offences (indictable-only and either-way offences)
• Apply only if there is a real prospect of a custodial sentence for the defendant

3 exceptions = bail would not be granted if there are reasonable grounds to believe that the defendant will:
- Fail to surrender to custody
- Commit a crime while on bail
- Interfere with witnesses or otherwsie obstruct justice

Question 3

Conditions to Bail

Answer 3

• Bail is granted but is subject to conditions
• Conditions are necessary to mitigate a risk of committing a particular offence / activity, e.g. risk of committing a crime, risk of absconding, risk of interfering with a witness
• There must be a SIGNIFICANT risk, not just a mere risk

Conditions may be:
- Curfew
- Prohibition to enter a particular locality or apporach a particular witness
- Electronic tag
- Surrender of passport
- Report to the police station at a particular time
- Residence

Question 4

Application for Bail

Answer 4

• At the first court hearing
• If refused once, another application can be made on the same facts before the same court
• If refused twice, on the third time, new evidence/facts must be specified

Appeal against a refusal:
- can be made before the Crown Court

Prosecution can appeal against the grant of bail before the Crown Court, if they have previously stated they will oppose it and only for custodial offences

Question 5

Breach of bail conditions

Answer 5

• If the defendant breaches conditions of police bail - it is not a criminal offence, but the police can arrest you and bring you to the Magistrates’ Court within 24 hours to vary bail conditions
• If the defendant fails to surrender to custody whilst on bail = it is a criminal offence under s. 6 of the Bail Act