2 What is bail?Bail is being given liberty until the next stage in the case.Remand in Custody is being kept in custody until your trial.This is an extremely important pre-trial matter which needs to be considered in every case. A person can be released on bail at any point after being arrested by the police, sometimes however it is felt necessary to keep the suspect/defendant in custody until their trial.
3 Police BailThe police can release a suspect on bail while they make further inquiries. This means that the suspect is released from custody on condition that they return to the police station on a specified date in the future.The police can also give bail to a suspect who has been charged with an offence. In this situation the defendant is given bail on condition that they appear at the Magistrates' Court on a specified date.The decision whether or not to grant bail is made by the custody officer under s38 of the Police And Criminal Evidence Act 1984 (PACE) (as amended by the Criminal Justice and Public Order Act 1994) The custody officer can refuse to grant bail if;the suspect's name and address cannot be ascertainedthere are doubts about whether the suspect's name and address are genuineIf any person fails to surrender to police bail on the date specified then the police have the right to arrest them.
4 Conditions on Police Bail The Criminal Justice and Public Order Act 1994 gave the police the power to impose certain conditions on a grant of bail. These include;asking the suspect to surrender their passportto report regularly to the police stationgetting another person to stand surety for themThese conditions can be imposed in order to;make sure the suspect surrenders to baildoes not commit an offence whilst on baildoes not interfere with witnessesdoes not interfere in any other way with the course of justice
5 When the Police Refuse to Grant Bail If the police charge a suspect with an offence and are not willing to grant them bail they must bring the defendant before the Magistrates' Court at the first possible opportunity.It is not usually possible for the Magistrates to deal with the case there and then so they must make the decision whether the defendant is granted bail or remanded in custody. It is only in a very small percentage of cases that the police refuse bail. The main statute relating to whether a defendant should be granted bail by the Magistrates' Court is the Bail Act 1976
6 The Bail Act 1976There is an assumption under the Bail Act 1976 that an accused person should be granted bail.s4 of the Bail Act 1976 gives a general right to bail, however, the Court need not grant a defendant bail if it is satisfied that there are substantial grounds for believing that the defendant, if released on bail, would;fail to surrender to custodycommit an offence whilst on bailinterfere with witnesses or otherwise obstruct the course of justiceneeds to be kept in custody for their own protection
7 The Bail Act 1976When deciding whether to grant bail to the defendant the court will consider various factors;The nature and seriousness of the offenceThe character, antecedents (past record), associations and community ties of the defendantThe defendant's previous record when granted bailThe strength of the evidence against the defendantThe court can also set conditions to a grant of bail, similar to the ones which may be made by the police and can also make a condition of bail that the defendant must reside, while on bail, at a certain address or even in a bail hostel. A defendant can appeal against the refusal of the Magistrates' Court to grant bail. This appeal is to a judge in the Crown Court. Where a defendant has been sent to the Crown Court for trial (indictable and some triable either way offences) the defendant can apply for bail there.
8 Restrictions on the Right to Bail In certain cases there is a restriction on the right to bail: Repeat serious offendersWhere the current offence was committed whilst already on bailAdult drug usersWhere an adult offender has tested positive for certain Class A drugs s19 of the Criminal Justice Act 2003 places restrictions on the granting of bail, where;the offender is either charged with possession or possession with intent to supply a Class A drugthe court is satisfied that there are substantial grounds for believing that the misuse of a Class A drug caused or contributed to the offencethe offender has refused to agree to an assessment regarding their dependency upon certain Class A drugs
9 Prosecution AppealsThe Bail (Amendment) Act 1993 gives the prosecution the right to appeal to a judge in the Crown Court against the granting of bail. This applies to any offence which is punishable with imprisonment