Applying for bail after conviction when there is a delay in passing sentence

The general right to bail

Sometimes, in legal cases the court will decide to adjourn the case before passing sentence. This may be because they wish for more time to consider the sentence or sometimes because new evidence has come to light throughout the duration of the court case. 

Section 4 of the Bail Act 1976 states that bail should be granted to:

“A person who, having been convicted of an offence, and whose case has been adjourned for reports to be obtained before sentence.”  This means that if a defendant has been essentially convicted but for some reason there is a delay in passing sentence, they do have the right to apply for bail.

The exception to this is that if the accused is charged with an offence punishable with imprisonment, bail need not be granted in the following circumstances:

If the court is satisfied that there are substantial grounds for believing that if the defendant was to be released on bail, they would:

  • Fail to surrender to custody

  • Commit another offence whilst on bail

  • Interfere or intimidate witnesses or otherwise obstruct the course of justice.

This shows that the right to apply for bail after conviction does not necessarily depend on the severity of the offence committed.

What is considered when applying for bail after conviction when there is a delay in passing sentence?

When the defendant applies for bail after their conviction due to a delay in passing sentence, the court must consider the following: 

    The seriousness and nature of the offence The defendant’s record i.e.

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For more information on:

  • Bail in the Magistrates’ Court
  • Appeal to the Crown Court