This document discusses bail in the UK legal system. It defines bail as when a defendant can return home until their next hearing, as opposed to being remanded in custody. It outlines the Bail Act of 1976, which states that all defendants have a right to bail unless they committed an indictable offense while on bail previously. There are exceptions where bail may be denied if the court believes the defendant will fail to surrender, break bail conditions, or commit further crimes. The document also describes conditional versus unconditional bail, with conditional bail allowing restrictions like curfews or reporting requirements.

1. Bail
By Mrs Hilton

2. Learning objectives
To be able to relate the theory of bail

to current cases
 To be able to classify bail actions with
relevant Acts
 To be able to describe the difference
between conditional and unconditional
bail

3. Bail
Considered at first attendance at

magistrates court
 Bail means D can go home until date
of next hearing
 Remanded in custody means no bail
 Police allowed to grant street bail at
time of arrest, pay impose bail
conditions under CJPO Act 1994

4. Right to bail 1
Bail Act 1976

 Every D right to bail unless they have
committed an either way or indictable
offence whilst on bail
 @50,000 crimes a year in UK
committed by people on bail

5. Right to bail 2
Crime and Disorder Act 1988

It is rare for bail to be granted in

murder manslaughter and rape cases
according to the Act

6. Exceptions to right to bail
The D will not be granted bail of the court

has substantial ground to believe they
will do one of the following:
◦ Fail to surrender to bail (not turn up)
◦ D already on bail fro another indictable
offence
◦ D broken bail conditions in the past
◦ D needs to be remanded in custody for their
own protection
◦ Court has not had enough time
◦ D would commit more crimes if on bail

7. Magistrates decision
Magistrates will take into account

when considering bail, the following
◦ Seriousness of the crime
◦ Defendants' character
◦ Previous crimes committed whilst on bail
in past

8. Withholding bail
Withholding bail is used to protect the

public
 Must not be overused
 Remanding in custody may be in
breach of Human Rights Act 1998
(Article 5 Right to liberty)
 Court must specify reason why
 Must have substantial grounds

9. Appeals
1 in 15 people are acquitted at their

trail, there is no compensation
 If remanded in custody you can
appeal at next court hearing (8 days
later) or apply to a crown court judge
for bail
 P can also appeal (against bail) under
Bail Amendment Act 1993

10. Penalty
Failure to surrender to bail (not turn

up) carries a penalty:
◦ Fine of up to £5,000
◦ Imprisonment for 12 months

11. Types of bail
Conditional v unconditional

Bail Act 1976

Conditional:

◦ Reporting to police station everey day
◦ Living at a certain address
◦ Surrendering passport
◦ Providing surety (see next slide)
◦ Being under curfew
◦ Not being permitted to contact others in case

12. Surety
“in criminal proceedings, a person

who, with or without being required to
post a sum of money or security,
guarantees that an accused person
who has been granted bail will appear
for his or her trial and/or next
scheduled court appearance”

13. Now try the case file and the Bail acts

activities in your workbook.