Bail Act Summary 18-19 PDF

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Ba i l Ac t 1 9 7 6 Su mma r yof g r o u n d sa n df a c t o r s

Bail is the release from court subject to a duty to surrender to custody (s.3 Bail Act 1976)

PRIMA FACIE RIGHT TO BAIL (s.4 Bail Act 1976) There is a prima facie right to bail for everyone except in the following situations: -

The court shall not grant bail to those who face a charge of murder, manslaughter or rape (or attempts at these offences) where they have been convicted of one of those offences previously unless there are exceptional circumstances (s.25 Criminal Justice and Public Order Act 1994 (CJPOA))

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Those charged with murder may not be granted bail unless the court is of the opinion that there is no significant risk that if released on bail, the defendant would commit an offence which is likely to cause physical or mental injury to another person (Para 6ZA, Schedule 1, BA 1976, as inserted by s.114 Coroners and Justice Act 2008). Note that in murder cases, only a Crown Court judge can make a bail decision (s.115 C&JA 2008).

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An adult defendant (18yrs or over) who is on police or court bail and appears to commit a further offence which carries a maximum sentence of life imprisonment may not be granted bail unless he satisfies the court that there is no significant risk of him committing another offence while on bail (Para 2A, Schedule 1 BA 1976, as inserted by s.14 CJA 2003)

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An adult defendant (18 yrs or over) who is charged with an offence carrying life imprisonment and is released on police or court bail and fails to surrender to custody, may not be released on bail unless the court is satisfied that there is no significant risk that if released on bail he would fail to surrender. This provision can be disregarded if the court considers that there is a reasonable cause for the failure to surrender (Para 6, Schedule 1, BA 1976, as inserted by s.15 CJA 2003).

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Where there is drug test evidence to suggest that the accused has Class A drugs in his system, and that the 1

accused is charged with drugs offence or an offence which was linked to or motivated by the use of Class A drugs, and the person does not agree to undertake an assessment/follow up treatment for the drug use. In this case, the court may only grant bail if satisfied that there is no significant risk of committing an offence on bail.

GROUNDS UNDER SCHEDULE 1 BAIL ACT 1976 Where your client has a prima facie right to bail under s.4 Bail Act, this right may be displaced where: 

There are substantial grounds for believing that the defendant (para 2): o Would fail to surrender to custody OR o Would commit an offence on bail OR o Would interfere with witnesses or otherwise interfere with the course of justice

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The defendant appears to have committed an indictable or either way offence while on bail for another matter (para 2A)

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The defendant should be kept in custody for his own protection (para 3)

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The defendant is already serving a custodial sentence (para 4)

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There has been insufficient time to obtain information to make a bail decision (para 5)

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The defendant has already absconded in relation to the ongoing offence (para 6)

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FACTORS – for use when considering grounds under paragraph 2 When considering the grounds under paragraph 2 (i.e., failure to surrender to custody, commit further offences, interfere with 2

witnesses/course of justice), paragraph 9 sets out the following factors to be taken into consideration: o The nature and seriousness of the offence (and probable sentence) o The defendant’s character, antecedents, associations and community ties o The defendant’s previous bail record o The strength of the evidence o The risk that the defendant may commit an offence on bail which would be likely to cause physical or mental injury to another person (only where the defendant is charged with an imprisonable offence and the court is satisfied that there are substantial grounds to believe that he would commit an offence while on bail – i.e. links to para 2 above) o Any other relevant matter

BAIL CONDITIONS These can be imposed to ensure that the defendant surrenders to custody, does not commit further offences while on bail and does not interfere with witnesses (and makes himself available for reports to be completed). Common bail conditions include the following: Surety: This is someone who guarantees that the defendant will attend court by putting up a sum of money (recognisance) which will be forfeited if the defendant absconds. Security: This is where the defendant puts up a sum of money as a personal guarantee that he/she will attend court. The money is lodged at court and will be forfeited if the defendant absconds. Residence: Usually at the defendant’s home address or a probation/bail hostel. This may be at a place away from the scene of the offence or away from witnesses as appropriate. If residence is set at a bail hostel, the defendant can have a condition to abide by the rules of the hostel and these rules usually include a curfew, no alcohol policy etc. 3

Reporting: The defendant will be required to report to a police station at set times and days to ensure that he does not abscond. Curfew/Tagging: This will prevent further offending and sometimes to prevent interference with witnesses. A curfew requires a defendant to be at a specified address between set times and this can be combined with a “doorstep” condition whereby he must present himself at the door if a police officer wishes to check compliance. Exclusion: For example a condition not to contact a witness in the case or not to go to the area where he/she lives or works. This can be put in place to prevent further offending (if in a case against a particular witness) or prevent the interference with witnesses/course of justice. Surrender passport: This is likely to prevent the defendant from leaving the country but is usually only used where there is a suggestion that the defendant has links abroad or may leave the UK.

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