BAIL KEY FACTS

Question 1

What are the 3 key grounds for bail pre-charge?

Answer 1

1. insufficient evidence to charge and defendant is released pending investigation.
2. the police consider there to be sufficient evidence to charge but the matter must be referred to the CPS.
3. released on bail to further investigate ANY matter for which the defendant was arrested.

Question 2

Under which legislation does the right to bail come from?

Answer 2

Under section 4 Bail Act 1976.
On each occasion that a person is brought before a court accused of an offence, or remanded after conviction for enquiries or a report, he must be granted bail without condition, if none of the exceptions to bail apply.

Question 3

What are the exceptions to bail?

Answer 3

1. The defendant is being tried with murder
2. The defendant is being charged with manslaughter or serious sexual offences;
3. The defendant was on bail for an either way/indictable offence when arrested.
4. For his own protection.
5. Reasonable grounds to believe that he would
6. commit further offences;
7. fail to surrender;
8. interfere with witnesses.

Question 4

What should always be presented at the end of a bail application, even one for unconditional bail?

Answer 4

A bail package. EG- Judge if you are not with me for the presumption of unconditional bail, I believe that the following conditions would be appropriate and suitable on balance of the prosecutions submissions and to provide the court with comfort.

Question 5

The court must ONLY grant the bail condition of electronic tag for under 18’s on what basis?

Answer 5

When that is the only way in which the defendant will be granted bail.

Question 6

What bail conditions can be placed on youth offenders?

Answer 6

The court may impose conditions that appear to be necessary for the same reasons as adults save that the court may also impose a condition “for his own welfare or in his own interests.