Bail

Question 1

Right to bail

Answer 1

Release of an arrested or imprisoned accused when a specified amount of security is deposited or pledged (as cash or property) to ensure the accused’s appearance in court when ordered.

In civil cases, an accused has a right to be released on bail before the trial.

In criminal cases, bail is allowed only on the discretion of the court.

The court will deny bail if it is satisfied there are substantial grounds for believing that the accused,
if released,
would abscond,
commit an offence,
or interfere with evidence or witnesses.

Where a defendant is before the court because he has been arrested and charged, an adjournment is called a ‘remand’. The remand may be in custody or on bail. This decision is governed by the Bail Act 1976.

Under law, a defendant has an absolute right to bail if the custody time limits have expired and otherwise ordinarily a right to bail unless there is sufficient reason not to grant it.

Any person accused of committing a crime is presumed innocent until proven guilty in a court of law.
Therefore a person charged with a crime, should not be denied freedom unless there is a good reason.

The main reasons for refusing bail are that the defendant is accused of an imprisonable offence and there are substantial grounds for believing that the defendant would: abscond, or commit further offences whilst on bail, or interfere with witnesses.

The court should take into account:
the nature and seriousness of the offence or default, the character, antecedents, associations and community ties of the defendant, the defendant’s bail record, and the strength of the evidence.

The court may also refuse bail:
for the defendant’s own protection; where the defendant is already serving a custodial sentence for another offence; where the court is satisfied that it has not been practicable to obtain sufficient information; where the defendant has already absconded in the present proceedings; where the defendant has been convicted but the court is awaiting a pre-sentence report, other report or inquiry and it would be impracticable to complete the inquires or make the report without keeping the defendant in custody; where the defendant is charged with a non-imprisonment offence, has already been released on bail for the offence with which he is now accused, and has been arrest for absconding or breaching bail.
Where the accused has previous convictions for certain homicide or sexual offences, the burden of proof is on the defendant to rebut a presumption against bail.

Question 2

Deprive of liberty

Answer 2

Any person accused of committing a crime is presumed innocent until proven guilty in a court of law.

Therefore a person charged with a crime, should not be denied freedom unless there is a good reason.

Question 3

Police Bail

Answer 3

After charge, the custody officer decides whether to release on bail
or to hold the suspect in custody pending the next magistrates’ court hearing.

Detention is allowed only if
the suspect’s real
name and address cannot be ascertained,
if he is unlikely to appear in court to answer the charge, if he is likely to interfere with witnesses or police investigations,
or if he is likely to commit a significant crime.

Question 4

Court Bail

Answer 4

Court Bail may or may not be opposed by the police, and may or may not be requested by the defendant.

But magistrates usually reach the same conclusions as the police and Crime Prosecution Service,
for they consider similar criteria and similar information.

This is often
‘incomplete and for that and other reasons inaccurate’
(Auld, 2001: 428).