Bail (Bail Act 1976) Flashcards
What is the presumption regarding bail?
Under s.4 of the Bail Act 1976, there is a presumption in favour of bail for all defendants pre-conviction unless exceptions apply.
When can bail be refused?
Bail may be refused if there are substantial grounds for believing that the defendant will:
Fail to surrender to custody.
Commit an offence while on bail.
Interfere with witnesses or otherwise obstruct justice.
Be remanded for their own protection (or welfare in the case of a youth).
There is insufficient information available to make a bail decision.
The defendant has previously breached bail conditions.
Murder cases: Bail may only be granted if the court is satisfied there is no significant risk of reoffending
What factors must the court consider when deciding on bail?
Nature and seriousness of the offence (and likely sentence).
Defendant’s character, antecedents, associations, and community ties.
Past compliance with bail conditions.
Strength of evidence against the defendant.
What conditions can be imposed on bail?
Sureties (third party guaranteeing the defendant’s return).
Security (money or assets deposited to secure bail).
Curfew and electronic monitoring (tagging).
Residence requirement (must live at a specified address).
Reporting to a police station.
Restrictions on movement or contact (e.g., exclusion zones, non-contact with witnesses)
What is the procedure for applying for bail?
f the CPS objects to bail, the following occurs:
Prosecution objects and provides the court with supporting material.
Defence makes a bail application, responding to prosecution objections and proposing conditions if necessary.
Court considers the application, hears any evidence (e.g., potential sureties).
Decision recorded: If bail is refused, reasons must be stated.
Can the defence appeal a refusal of bail?
Yes:
Further application in magistrates’ court (but only if new legal/factual grounds arise).
Appeal to Crown Court if bail is refused
Can the prosecution appeal if bail is granted?
Yes, under s.1 Bail (Amendment) Act 1993, the CPS can appeal to a Crown Court judge
What happens if a defendant breaches bail?
Police can arrest under s.7 Bail Act 1976.
Court can remand in custody or reimpose bail with stricter conditions
