Application for Bail

Q. Who has a right to bail under S4 Bail Act 1976?

Under s4 there is a presumption that bail should be granted to all defendants up until they are convicted – unless there are grounds for refusing bail.

Q. What are the 3 most common grounds for refusing bail?

The grounds for refusing bail are found in Schedule 1 Part 1 of the Bail Act. The 3 most common grounds for refusing bail are:

• That the defendant will fail to surrender to custody
• That the defendant will commit further offences whilst on bail
• That the defendant will interfere with witnesses or with the course of justice

Q.What factors will be taken into consideration when deciding whether one or more of the grounds exist(s) for refusing bail?

Schedule 1 Part 1 Paragraph 9 sets out the factors to be taken into account by the court when considering if a ground exists for refusing bail. These are:

• The nature and seriousness of the offence and probable sentence.
• The defendant’s character, past history, associations and community ties.
• The defendant’s previous bail record.
• The strength of the evidence.
• Any other relevant matter.

Q. If bail is refused at the first hearing can further applications be made, when and to whom?

If the defendant is remanded in custody at the first hearing he will be brought back before the court within 8 days. You can then make a further fully argued application for bail. If bail is refused again then the Magistrates will not hear a further bail application unless there is some change in the circumstances of the defendant. However, the Magistrates Court will issue a “certificate of full argument”. This will enable you to make an application to a Crown Court judge in chambers.