Police and Court Bail – What you need to know
In this section we’ll discuss police bail, court bail and the conditions of bail.
What is bail and how does it work?
Following an arrest and being charged with an offence, the Police have to option to remand the person in custody or grant them Police bail prior to their first appearance in court. In circumstances where an individual has been remanded in custody, they can apply to be bailed at their first appearance or at subsequent appearances in court.
Bail is often granted to those not deemed as a risk to public safety. For instance, it’s highly unlikely that a person accused of a very serious crime would be granted bail.
A bail agreement may be subject to certain terms. i.. the accused may have to report to a police station or bail officer every fortnight.
Police bail and court bail – who grants bail?
There are two main types of bail – police bail and court bail.
What is Police Bail?
Police bail is where the Police grant bail either whilst investigations into the offence are still on going or where the individual has been charged but has not yet appeared in court.
Police bail allows the police to continue their investigations into the alleged offence and request the individual to return to the Police Station for further questioning.
What is Court Bail?
Court Bail is where the court officials grant bail to a defendant between scheduled court hearings. This is as an alternative to ‘remand’ which is where the defendant is held in custody between hearings or before a court trial date.
What is Remand?
When someone is described as remanded in custody, it means that they are kept in custody/prison until a trial or sentencing hearing takes place. Usually the person on remand has not been convicted of a criminal offence and has pleaded ‘not guilty’.
Why have I not been granted bail?
The courts or police may decide not to grant bail if a person poses a risk to public safety.
The courts may also feel that a person is unlikely to return for a court hearing, and as such refuse bail.
Failure to answer bail – the consequences
If a person fails to answer bail or breaches bail, they will be liable for arrest.
The courts may decide to issue an arrest warrant if the bail conditions set by the police are not kept to or breached.
If you are in breach of bail, it’s worth speaking to a solicitor. click here to speak to one of our expert solicitors who will be able to advise you with the best course of action.
Bail when you’ve been charged with a crime
Anyone sentenced to prison has the right to lodge an appeal for bail with the courts.
The courts may also decide to grant a person bail part-way through their sentence if they no longer pose a risk to the public.
If you’re looking to appeal for bail, you’ll want to speak to an expert solicitor. We have numerous years of experience in criminal law and could help you.
Alternatively, if you feel the authorities have handled your case poorly, visit our extensive section on actions against the police, where you’ll find plenty of advice about making a claim.