What is bail?

Bail is an important pre-trial matter. When deciding whether bail should be granted the courts will ask themselves whether the defendant, the person on trial, shall be allowed back into the public whilst awaiting trial or shall be remanded in custody until the trial date.  

If the courts decide the defendant shall be remanded in custody, they will stay in the remand wing or unit of the decided prison until the date they have to go to court.  

A person can be released on bail at any point from the moment they have been arrested. This may be awarded in the police station after interview or the court after the preliminary hearing. Bail is up to the discretion of the authorities in charge.  

If a person is awarded bail they are at liberty or freedom until the next part of the hearing.

Police powers to grant bail

The police officer in charge may decide it is in the best interest to release the defendant on bail whilst they further investigate the matter in hand.  

This would mean that the defendant is released from custody, usually on the basis that they have to return to the named police station at a certain date or possibly if a preliminary hearing has been scheduled before bail has been granted, then they will be given their court date with the condition placed on bail that they must attend court for their hearing.  

The decision to grant bail to a defendant is up to the discretion of the custody officer.  

The custody officer may refuse bail if: 

• The defendants name and address cannot be obtained or;
• If there is any doubt that the details given are incorrect or false

What happens if a defendant fails to return

If a defendant released on bail fails to either return to the police station at a specified time, or turn up to court on the given date (depending on what conditions were set with the bail), then the police has the power to order the arrest of that person for breach of his bail conditions.

Conditional Bail

The criminal justice and public order Act 1994, gave the police power to impose conditions on granting bail.

The types of conditions that may be imposed include: 

• Suspect has to surrender his passport
• Report to the police station at regular intervals set by the custody officer
• Have another person stand as surety for his surrender 

These conditions are imposed to ensure that the defendant follows the conditions of his bail, does not commit another offence whilst on bail and does not interfere with any witnesses during his release.

No police bail granted

If the custody officer decides to refuse bail, then the defendant must be taken in front of the magistrate court at the first possible opportunity.  

If the magistrates' court cannot deal with the whole case at first instance, then the court will decide upon the granting of bail until the trial date in which they will set.

The Bail Act 1976

This act instructs courts to start with the presumption that an accused should be granted bail, unless there is a justified reason to refuse it. 

In deciding whether or not to grant bail, the court will consider a number of factors, including: 

• The nature and seriousness of the crime
• The character of the defendant, his past criminal record, associations and ties with the community
• The defendants recorded in regard to his previous commitments to bail conditions
• The strength of the evidence against the defendant 

If a defendant is charged with a defence that is not punishable with a prison sentence, then bail can only be refused if the defendant has failed to surrender to bail in the past and there are grounds for reasonably believing the defendant is likely to do the same again.

What is surety?

The court and/or the police can require a person to act as surety for the defendant in order to grant bail. A surety is where another person who is prepared to promise to pay the court a certain sum of money should the defendant breach any of his bail conditions, such as failing to attend court.  

The promise to pay the money is called a recognisance, and no money has to be paid unless the defendant breaches bail. If the defendant abides by his conditions then no money has to be paid. 

Restrictions on Bail

Terrorism

The Anti Terrorism, Crime and Security Act 2001, allows foreign nationals who have been arrested on suspicion of some kind of terrorist offence, can be detained without the right to trial. If this occurs then inevitably there is no right to bail.

Repeat serious offenders

Where a person is charged with one of the following offences: 

• Rape
• Attempted Rape
• Murder
• Attempted Murder 

And have already served a custodial sentence for a similar offence, they will only have a right to bail if the court believes there are some form of exceptional circumstances to the case in question.

Offences committed whilst on Bail

Where a person aged 18 or over, was on bail when he committed the offence in question, then

E will not be granted bail unless the courts are completely satisfied that there is no chance that the offender will re-offend whilst on bail again.

Restrictions on Bail for adult drug users

There are restrictions placed on bail for adult offenders who have tested positive for class A drugs in their system where: 

• The offender is either charged with possession or intent to supply a class A drug, or,
• The courts are satisfied that taking the drug contributed to the commission of the offence, or,
• Defendant refuses to participate in future rehabilitation.