Bail 1) Is there a right to bail?

General rule

There is a general right to bail - s.4 Bail Act 1976

Exceptions

Schedule 1 Part 1 Paragraph 2 Bail Act 1976

Schedule 1 Part 1 Paragraph 2A Bail Act 1976

Grounds on which there is an exception to the general right to bail

*
Where the court believes the defendant would while on bail:

a) Fail to surrender to custody

Consequences if Para 2A applies:

Court will consider paragraph 9 factors to establish whether there are substantial grounds for believing any of these grounds

Grounds on which there is an exception to the general right to bail

a) The offence is an indictable offence or an offence triable either way; and

b) Commit further offences on bail

c) Interfere with witnesses or otherwise obstruct the course of justice in relation to himself or any other person

b) It appears to the court that he was on bail in criminal proceedings on the date of the offence

Consequences if Para 2A applies:

a) There is no requirement for the court to have substantial grounds for believing

b) The magistrates will still consider the paragraph 9 factors

Schedule 1 Part 1 Paragraph 2A* Bail Act 1976

Grounds on which there is an exception to the general right to bail

a) The defendant is aged 18 or over

b) He was on bail in criminal proceedings on the date of the offence

c) He is liable to a sentence of imprisonment for life for this offence

Consequences if Para 2A* applies:

The court may not grant bail unless it is satisfied that there is no significant risk of his committing an offence while on bail (reverses the right so is a rebuttable presumption against granting bail)

Check sentencing guidelines to see whether the offence carries a possible life sentence

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