Criminal Practice - Bail Applications at Court

Question 1

General Points

Answer 1

• If refused bail by police defendant will be produced at court at the next available hearing
• Prosecution will outline why it objects to bail and why conditions will not be adequate
• Starting point is that every defendant has a right to bail
• Court will only deny bail if i) an exception to the right to grant bail applies and ii) if there is a real prospect of custody on the charges brought if convicted

Question 2

Exceptions to Right to Bail

Answer 2

Substantial grounds to believe the defendant would:

• Fail to surrender (e.g. if likely sentence is a lengthy custodial sentence)
• Commit further offences whilst on bail; or
• Interfere with witnesses or obstruct justice

Or:

• Charged with an offence that can be tried in the Crown Court and defendant was on bail at the time;
• For the defendant’s protection;
• Substantial grounds for believing that the defendant would commit offence on bail that would cause (or cause fear of) physical or mental injury to an associated person (spouses, partners, former partners, children and relatives of the defendant);
• Defendant already serving custodial sentence;
• Insufficient information to make a decision;
• Defendant failed to surrender or breached bail in same proceedings

Question 3

Substantial Grounds Factors

Answer 3

• Nature and seriousness of offence
• Probable method of dealing with offence
• Previous convictions
• Associations and community ties
• Record on complying with bail obligations
• Strength of the evidence
• Risk that the defendant might engage in conduct that would, or would be likely to, cause physical or mental injury to another

Court will look at anything which it considers to be relevant

Question 4

Conditional Bail

Answer 4

Bail conditions must be:

• Relevant;
• Proportionate; and
• Enforceable

Common bail conditions:

• Reside at specified address
• Report to police station regularly
• Prohibited from particular area
• Prohibited from contacting certain individuals
• Curfew or electronic tag (if fear of offending high)
• Security (money paid into court before defendant permitted bail)
• Surety (money promised to court by third parties, only paid if defendant does not answer bail or turn up to court. Documentary evidence required to prove money available)

Security or surety offered would need to be enough that it would financially hurt the provider if the defendant failed to surrender to provide a clear incentive

Question 5

Bail and Murder Charges

Answer 5

• Right to bail does not apply
• Bail applications for charges of murder can only be heard by a Crown Court judge
• Presumption against bail when defendant charged with murder
• Same factors and conditions could be considered but presumption is for custody rather than liberty
• 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 6

Number of bail applications

Answer 6

• Defendant entitled to only two bail applications in each case
• Will often happen in the first two appearances at court
• Defendant can only apply for bail again if there is a change in circumstances (e.g. a better bail address available)

Question 7

Breach of Bail

Answer 7

• Arrested and taken into custody to be put before court at the first available opportunity
• Court can revoke bail and remand defendant into custody or impose more stringent conditions
• Failure to surrender to court is an offence, once arrested the defendant will be brought before court and the court will re-consider bail
• If defendant is vulnerable an appropriate adult should be summoned to help

Question 8

Certificate of Full Argument

Answer 8

• Must be given to a defendant if bail is refused
• States that the court heard full argument on the application for bail before it refused the application