Bail

Bail

1. Bail Act 1976

   • Bail Amendment Act 1993

2. Magistrates consider bail at the first court hearing

   • a bail application is put forward by the prosecution who decide which type of bail is appropriate
     • the defence's arguments are then heard
       • Magistrates cannot grant bail for murder, this must be done by a Crown Court judge

3. police can grant street bail

   • under the Police and Criminal Evidence Act 1984 they may impose conditions

4. every defendant has the right to bail

   • s.4 Bail Act 1976
   • a person is not likely to be granted bail if they have committed the offence whilst on bail
     • or have served a prison sentence for an offence like murder, manslaughter or rape and have been charged with a similar offence
   • presumption of bail
     • innocent until proven guilty
     • may be charged with offence that wouldn't receive a custodial sentence
     • withholding bail may be a breach of the Human Rights Act 1998

5. will not be granted bail if the court has substantial grounds

   • broken bail conditions before
   • they think will reoffend
   • fail to surrender
   • may harm public, witnesses or themselves
   • already on bail when the offence was committed
   • take into account the seriousness of the offence and community ties

6. defendant can appeal at their next court hearing if not granted bail

   • 1 in 15 people remanded in custody are acquitted at their trail

7. the prosecution can appeal under the Bail Amendment Act 1993

8. Bail conditions are under s.3 Bail Act 1976

   • include: reporting to the police, living at a certain address, surrendering their passport