BAIL AT THE TIME OF CHARGING THE SUSPECT
Release on bail while the police make further enquiries:
If the police want to make further enquires about the offence before deciding they can charge the suspect, bail may be
granted whilst further enquires are made. D will have to attend the police station at a time and date to answer their bail
PRESUMPTION – There is a presumption of release without bail in situations when the police have insufficient evidence to
charge. However, the presumption does not apply if:
a) The case has been passed to the CPS for a charging decision,
b) The CO is satisfied that bail is necessary and proportionate in the circumstances (having regard to any conditions of
bail which would be imposed), and
c) An officer of at least the rank of inspector authorises the release on bail (having considered any representations
made by the suspect or the suspect’s solicitor).
APPLY – Does the presumption apply? Conditions apply to this:
(a) there are reasonable grounds to suspect that the suspect is guilty of the offence;
(b) further investigation is needed or further time for police decision to charge is required;
(c) the investigation or charging decision is being conducted diligently and expeditiously; and
(d) release on bail is necessary and proportionate.
APPLY -
o If the presumption does apply – then D can be released without bail
o If the presumption does not apply – then D will be released on bail and may have conditions attached to this.
Should there been conditions to the bail?
Sureties an individual who can ensure D answers bail by entering into a recognisance which could be forfeiture if D does
not answer bail.
Security D deposits a sum or money/property which will be forfeited if D does not answer bail.
Reporting to a police station D may have to attend a station daily – keep track of D.
Curfew D remains @ residence between certain hours
Attend appointments keep in touch with DS to make sure the case is not delayed
No comms with witnesses prevent D speaking / seeing / interfering with a witness.
APPLY – Should conditions be imposed/which ones?
If bail is then granted, it can only be for a maximum period of 28 days (starting from the day after the day the suspect was
arrested) and when the suspect answers bail, the police may:
1. Release suspect without charge
2. Exercise further investigative powers (re-interview)
3. Release the suspect on bail again
4. Charge the suspect.
Failure to answer bail / breach conditions – D can be arrested (s46A)
APPLY – Apply to the facts/question – release on bail while more enquiries are made?
, Release on bail while file is passed to CPS:
The police may grant bail whilst CPS review the file and either: make a charging decision or are reviewing the case.
Is there sufficient evidence for the CPS to make a charge?
Realistic prospect of conviction? Or, is there insufficient evidence and is more evidence needed?
Should there been conditions to the bail?
Sureties an individual who can ensure D answers bail by entering into a recognisance which could be forfeiture if D does
not answer bail.
Security D deposits a sum or money/property which will be forfeited if D does not answer bail.
Reporting to a police station D may have to attend a station daily – keep track of D.
Curfew D remains @ residence between certain hours
Attend appointments keep in touch with DS to make sure the case is not delayed
No comms with witnesses prevent D speaking / seeing / interfering with a witness.
APPLY – Should conditions be imposed/which ones?
If bail is then granted, it can only be for a maximum period of 28 days (starting from the day after the day the suspect was
arrested) and when the suspect answers bail, the police may:
1. Release suspect without charge
2. Exercise further investigative powers (re-interview)
3. Release the suspect on bail again
4. Charge the suspect.
Failure to answer bail /breach conditions – D can be arrested (s46A)
APPLY – Apply to the facts/question – release on bail while CPS obtain the case file?
BAIL AFTER CHARGE:
Making representations on behalf of the client – bail after charge:
After charging D, the CO can decide whether to:
a) Keep D in police custody until they can go before a Magistrates, or
b) Release the suspect on bail and whether bail should include conditions (s38(1))
The solicitor should attempt to get D released on bail and may be able to achieve this by negotiating conditions to be
attached to D’s bail
What conditions should be imposed?
Sureties an individual who can ensure D answers bail by entering into a recognisance which could be forfeiture if D does
not answer bail.
Security D deposits a sum or money/property which will be forfeited if D does not answer bail.
Reporting to a police station D may have to attend a station daily – keep track of D.
Curfew D remains @ residence between certain hours
Attend appointments keep in touch with DS to make sure the case is not delayed
No comms with witnesses prevent D speaking / seeing / interfering with a witness.
APPLY – Likely to get bail with conditions?
S38(1)(a) provides the circumstances for when a suspect who has been charged can be denied bail:
A suspect charged will be released on bail unless:
(a) Their name/address cannot be found, or the CO doubts the information provided is true.
(b) There are grounds to believe D would not answer bail
(c) That detention in police custody is necessary to prevent D committing a further offence or causing injury to another
(d) Detention is necessary to prevent D interfering with the investigation
(e) Detention is necessary for D’s own protection
Should bail be granted? With conditions?
Release on bail while the police make further enquiries:
If the police want to make further enquires about the offence before deciding they can charge the suspect, bail may be
granted whilst further enquires are made. D will have to attend the police station at a time and date to answer their bail
PRESUMPTION – There is a presumption of release without bail in situations when the police have insufficient evidence to
charge. However, the presumption does not apply if:
a) The case has been passed to the CPS for a charging decision,
b) The CO is satisfied that bail is necessary and proportionate in the circumstances (having regard to any conditions of
bail which would be imposed), and
c) An officer of at least the rank of inspector authorises the release on bail (having considered any representations
made by the suspect or the suspect’s solicitor).
APPLY – Does the presumption apply? Conditions apply to this:
(a) there are reasonable grounds to suspect that the suspect is guilty of the offence;
(b) further investigation is needed or further time for police decision to charge is required;
(c) the investigation or charging decision is being conducted diligently and expeditiously; and
(d) release on bail is necessary and proportionate.
APPLY -
o If the presumption does apply – then D can be released without bail
o If the presumption does not apply – then D will be released on bail and may have conditions attached to this.
Should there been conditions to the bail?
Sureties an individual who can ensure D answers bail by entering into a recognisance which could be forfeiture if D does
not answer bail.
Security D deposits a sum or money/property which will be forfeited if D does not answer bail.
Reporting to a police station D may have to attend a station daily – keep track of D.
Curfew D remains @ residence between certain hours
Attend appointments keep in touch with DS to make sure the case is not delayed
No comms with witnesses prevent D speaking / seeing / interfering with a witness.
APPLY – Should conditions be imposed/which ones?
If bail is then granted, it can only be for a maximum period of 28 days (starting from the day after the day the suspect was
arrested) and when the suspect answers bail, the police may:
1. Release suspect without charge
2. Exercise further investigative powers (re-interview)
3. Release the suspect on bail again
4. Charge the suspect.
Failure to answer bail / breach conditions – D can be arrested (s46A)
APPLY – Apply to the facts/question – release on bail while more enquiries are made?
, Release on bail while file is passed to CPS:
The police may grant bail whilst CPS review the file and either: make a charging decision or are reviewing the case.
Is there sufficient evidence for the CPS to make a charge?
Realistic prospect of conviction? Or, is there insufficient evidence and is more evidence needed?
Should there been conditions to the bail?
Sureties an individual who can ensure D answers bail by entering into a recognisance which could be forfeiture if D does
not answer bail.
Security D deposits a sum or money/property which will be forfeited if D does not answer bail.
Reporting to a police station D may have to attend a station daily – keep track of D.
Curfew D remains @ residence between certain hours
Attend appointments keep in touch with DS to make sure the case is not delayed
No comms with witnesses prevent D speaking / seeing / interfering with a witness.
APPLY – Should conditions be imposed/which ones?
If bail is then granted, it can only be for a maximum period of 28 days (starting from the day after the day the suspect was
arrested) and when the suspect answers bail, the police may:
1. Release suspect without charge
2. Exercise further investigative powers (re-interview)
3. Release the suspect on bail again
4. Charge the suspect.
Failure to answer bail /breach conditions – D can be arrested (s46A)
APPLY – Apply to the facts/question – release on bail while CPS obtain the case file?
BAIL AFTER CHARGE:
Making representations on behalf of the client – bail after charge:
After charging D, the CO can decide whether to:
a) Keep D in police custody until they can go before a Magistrates, or
b) Release the suspect on bail and whether bail should include conditions (s38(1))
The solicitor should attempt to get D released on bail and may be able to achieve this by negotiating conditions to be
attached to D’s bail
What conditions should be imposed?
Sureties an individual who can ensure D answers bail by entering into a recognisance which could be forfeiture if D does
not answer bail.
Security D deposits a sum or money/property which will be forfeited if D does not answer bail.
Reporting to a police station D may have to attend a station daily – keep track of D.
Curfew D remains @ residence between certain hours
Attend appointments keep in touch with DS to make sure the case is not delayed
No comms with witnesses prevent D speaking / seeing / interfering with a witness.
APPLY – Likely to get bail with conditions?
S38(1)(a) provides the circumstances for when a suspect who has been charged can be denied bail:
A suspect charged will be released on bail unless:
(a) Their name/address cannot be found, or the CO doubts the information provided is true.
(b) There are grounds to believe D would not answer bail
(c) That detention in police custody is necessary to prevent D committing a further offence or causing injury to another
(d) Detention is necessary to prevent D interfering with the investigation
(e) Detention is necessary for D’s own protection
Should bail be granted? With conditions?
