Bail

Bail Meaning

There is a possibility that a defendant may be granted bail while they are awaiting a court hearing or a trial. This indicates that a defendant may be granted freedom from custody until the outcome of the hearing or the trial. Bail is the right that can be applied for at each court hearing to be released from custody before the case is concluded, or a sentence is passed, on the condition that there is no risk of the defendant absconding or committing additional offences while on bail, or attempting to interfere with witnesses or otherwise pervert the course of justice.

the Bail balancing exercise

There is clearly a balancing exercise to be carried out, between the protection of the public and the assurance that the defendant will appear in court on the one hand, and the presumption of innocence and the avoidance of unnecessary public expenditure on the other. The Bail Act 1976 creates a presumption in favour of bail: a person charged with any except the most serious offences is generally entitled to bail unless the court has reason to believe that he would fail to surrender, would interfere with witnesses or evidence, or would commit another offence.

deciding bail

In making its decision, the court may legitimately be influenced by any of the factors listed in Schedule 1 of the Bail Act 1976. These include the nature of the offence, the likely result of a conviction, the strength of the evidence, and the defendant's character, antecedents and community ties. The Act is applied inconsistently, however, and some benches grant bail to a far greater proportion of defendants than do others.

Considerations for Granting Bail

When granting bail the courts will consider various factors, including the severity of the offense, the defendant's criminal history, and the likelihood of them fleeing or interfering with witnesses. The court also evaluates the defendant's ties to the community, employment status, and whether they have family in the area. Additionally, courts will consider the defendant's mental and physical health, their willingness to abide by bail conditions, and whether they pose a risk to themselves or the public's safety. Ultimately, the decision to grant bail is based on whether the court believes the defendant will comply with their bail conditions and return for their trial.

Change in circumstances

To avoid a lot of wasted time, the bench in  R v Nottingham JJ ex p Davies [1980] 2 All ER 775, DC adopted a policy that on a third or subsequent application for bail they would not hear full argument, but would consider only changes in circumstances or other new matters arising since the previous application. Refusing the applicant's application for mandamus directing the bench to hear his renewed application in full, the High Court said the previous finding that Schedule 1 circumstances existed was to be treated as res judicata.

Conditions

Bail may be granted unconditionally, or on such conditions as appear necessary to ensure that the accused person surrenders to his bail, does not commit further offences, does not interfere with witnesses or evidence, and is available as necessary for the purposes of the court (such as the making of social enquiries). Typical conditions include finding sureties (people willing to risk their own money on a promise to ensure that the defendant turns up), surrendering a passport, living at a certain address, avoiding certain places or people, and reporting regularly to the police.

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