Bail

Bail

1. Conditional Bail

   • Conditional bail is where there are certain conditions that they have to follow. These conditions can be imposed by the Police or the courts
   • These conditions might include coming to the police station everyweek to check in. However this still leaves time for the defendant to commit a crime.
   • The Courts could also take their passport away if they have family abroad. This means they cannot visit them but it also stops them from being out of the country on their Court date.
   • Residing at certain address
   • Surety for bail
   • Curfew

2. Bail granted by Police

   • The custody officer is the one that decides at the police station whether or not someone should receive bail. If they believe they should get bail, they then set the conditions of it
   • If they believe that the suspects name or address is not real then they must follow the normal principles of bail which was set out in the Bail Act 1976
   • About 84% of people charged with offences are given bail by police
   • However the defendant may apply to the Magistrates Courts for bail or for variation of conditions.

3. Bail granted by Courts

   • When the Courts are granting bail there are many factors they have to think about
     • Nature and seriousness of offence
     • Character, past record and community ties
     • Whether the defendant has failed to answer to bail before
     • Strength of evidence against them
   • If the conditions of bail are not met by the defendant then the Court can easily take it away from them due to the S4 Bail Act 1976. e.g.
     • Fail to surrender to custody
     • Commit an offence whilst on bail
     • Interfere with witnesses or otherwise obstruct the course of justice
     • Defendant should be kept in custody for there own protection