Bail

Bail

1. Legislation

   • The Bail Act 1976 and subsequent amendments in the Bail (Amendment) Act 1993
   • Crime and Disorder Act 1998
   • The Criminal Justice Act 2003
   • Coroners and Justice Act 2009
   • PACE

2. Who can grant bail

   • Police
   • Magistrates
   • Crown Court

3. Presumtion under S4 of The Bail Act 1976

   • That bail should be granted unless there is good reason to refuse it

4. Reasons to refuse bail

   • Failure to surrender to custody
   • Likely to commit further offences
   • Interference with witnesses or the course of justice

5. Factors to be taken into account

   • Nature and seriousness of the offence
   • The antecedents of the defendent
   • Any previous bail record
   • Strength of evidence against the defendent

6. Unconditional and Conditional Bail

   • Unconditional
     • Has one condition, to attend court at a specified time
   • Conditional
     • Given if there are some risks in giving unconditional bail
     • Conditions can include
       • Residence - at a bail hostel or home address
       • Curfew with tagging
       • Handing in passport
       • Reporting at a police station at specified times
       • Exclusion zones
       • Contact bans

7. Restrictions on granting bail

   • For offence committed whilst already on bail, court can only grant bail if there is no significant risk of further offending S14 of CJA 2003 inserts this into The Bail Act 1976
   • Bail only granted in exceptional circumstances for murder, manslaughter, rape or attempted rape if D has already served custodial sentence for such a crime
   • For murder, bail can only be granted by judge at crown court
   • Bail is restricted for adult class A drug users under CJA 2003 in certain circumstances Under S19 of CJA 2003
   • Focus has recently changed from ensuring the right to liberty for the accused to ensuring the public is protected

8. Appeals

   • D must be taken before a magistrates' court at first opportunity if police refuse bail
   • Only one further application is allowed if bail is refused unless circumstances have changed
   • An appeal may be made from the magistrates' court against refusal of bail to a judge in the crown court
   • Bail Amendment Act 1993 as amended by CJA 2003, gave the prosecution the right to appeal to a judge of the crown court against the granting of bail for any imprisonable offence

9. Discussion Points

   • Difficult to successfully balance the right of protection of the public and interfering with their right to liberty when there is a presumption of innocence before trial
   • Over 8000 prisoners on remand at any one time, which is extremely expensive
   • About 50% of those on remand are either found not guilty or given non-custodial sentence
     • Implies bail should've been given in the first place
   • Thousands every year have right to liberty interfered with
     • Suggests too many are being remanded in custody
   • Instances where people have committed violent crimes whilst on bail
     • Also occurs when people are tagged, suggesting some people should'nt have been given bail
   • Coroners and justice act 2009 shifted balance towards protection of the public
     • May mean fewer suspected of serious offences will be given bail in the future