Whether an individual will be subjected to bail will first depend on how the matter reached the Magistrate Court. If the individual was summonsed to court, there is no obligation upon the court to impose bail and the court may decide to simply arrange for the individual’s attendance at any further court hearings without imposing bail at all.
Where a person appears at the Magistrate Court following charge at the police station however, the court must remand that person. The Court may remand on bail or in custody. Article 5 of the European Convention of Human Rights provides that ‘everyone has the right to liberty and security of the person’.
The Bail Act 1976 establishes a legal presumption in favour of bail, which applies to anyone appearing before the Magistrates’ Court or Crown Court in connection with criminal proceedings. It will also apply to any person who has been convicted and the matter has been adjourned before sentence.
There are exceptions to the general rule. The most important circumstances in which a court may withdraw bail are when there are substantial grounds to fear that if released the individual will fail to surrender, commit further offences or interfere with the administration of the public.
Before any decision on bail is made the court will hear representations from both the crown and the defence. It will consider factors such as the nature or seriousness of the offence and the probable sentence if convicted, the individual themselves, their life situation and any antecedents including their record for answering bail in the past and the strength of the evidence against him. The Court must also consider whether they may alleviate any concerns it has by impose any conditions on bail such as conditions to restrict the individual’s movements and allow for their monitoring by police.
Vardags will advise you in relation to bail and will help you to obtain bail where possible. We will highlight the facts which boost your chances of bail, including your ability to provide a financial surety to the court.