Police And Court Bail – Everything You Need To Know
In this article, we’ll discuss police bail, court bail and the conditions of bail – including why you may have not been granted bail in a certain case.
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 who are 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. Such as the accused may have to report to a police station or bail officer every fortnight.
What’s The Difference Between Police Bail And Court 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 ongoing, 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 Does Remanded In Custody Mean?
When someone is described as remanded in custody, it means that they are kept in custody or 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 the police may decide not to grant bail to an individual if they deem that individual poses a risk to public safety. If the courts or the police feel that you may be unlikely to return for a court hearing, they might also refuse bail.
What Happens If You Breach Your Bail, Or Fail To Answer Bail?
If a person fails to answer bail or breaches bail, they will be legally 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 an expert solicitor who will be able to advise you with the best course of action.
Can You Appeal For Bail, Or Be Granted Bail After It Was Initially Refused?
Anyone sentenced to prison has the right to lodge an appeal for bail with the courts. Meaning that if you have been denied bail for whatever reason, you will be able to appeal it supported with the correct legal advice.
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. So your bail circumstances are eligible to change and there are times where you can be given bail after it was initially refused to you.
How To Appeal For Bail
If you’re looking to appeal for bail, you’ll want to speak to a solicitor with a proficient background in criminal law and police and court bail. DPP Law numerous years of experience in criminal law and could help you with your bail case, whether it’s appealing for bail that was initially refused – or something else concerning court and police bail.
Alternatively, if you feel the authorities have handled your bail case poorly or that you’ve been treated unfairly in the process, visit our extensive section on actions against the police, where you’ll find plenty of advice about making a claim and under what circumstances you may be able to make one.