Chapter 3: Bail Applications at Court

Question 1

Is breach of bail conditions an offence?

Answer 1

No, but breach may result in withdrawal of bail or imposition of more stringent conditions

Question 2

Is failure to surrender to bail an offence?

Answer 2

Yes and breach may result in withdrawal of bail or imposition of more stringent conditions

Question 3

What is a Certificate of Full Argument?

Answer 3

• Issued if court refuses bail
• Confirms that the court heard full argument on application for bail before refusing application

Question 4

Do defendants have a general right to bail?

Answer 4

Yes

Question 5

In what circumstances can a court remand a defendant into custody?

Answer 5

The court can only remand a defendant into custody if it finds:

1) An exception to the right to bail applies; and
2) There is a real prospect of a custodial sentence being imposed if convicted

Question 6

What are the exceptions to the right to bail?

Answer 6

There are substantial grounds for believing that the defendant would:

• Fail to surrender
• Commit further offences whilst on bail
• Interfere with witnesses or obstruct justice
• If they are charged with an offence that can be tried in Crown court and were on bail at time of offence
• Custody is for own protection
• Substantial grounds for believing defendant would commit offence on bail
• Already serving custodial sentence
• Insufficient information to make decision on bail
• Failed to surrender or breached bail conditions in same proceedings

Question 7

When can the court attach conditions to bail?

Answer 7

If the conditions are relevant, proportionate and enforceable

Question 8

Who hears bail applications?

Answer 8

• The Magistrates’ Court.
• Exception = Murder and applications must be heard by crown court judge

Question 9

Is there a presumption of bail even in murder charges?

Answer 9

No, a defendant may not be granted bail unless there is no significant risk that the defendant would commit an offence likely to cause physical or mental injury to another person

Question 10

Can a defendant make repeated applications for bail?

Answer 10

• An application can be made at each hearing
• HOWEVER, the defendant may only make one further bail application based on the same facts and submissions
• The defendant can make additional requests for bail only if there is a change of circumstance

Question 11

What is the consequence of a defendant breaching their bail conditions?

Answer 11

• Defendant can be arrested without warrant
• Bail can be withdrawn
• Court can impose more stringent conditions