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Basics
How do the courts decide whether or not to grant bail?
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:
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:
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:
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.
Granting Bail: How do the courts decide whether or not to grant bail?
How do the courts decide whether or not to grant bail?
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
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
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
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.
Granting Bail: How do the courts decide whether or not to grant bail?
