If you have been granted bail it is important to know
- your obligations
- the powers the Police and the Court in granting bail
- the powers of the Police and the Court in granting conditions
- and the consequences of not complying
Do you have a legal right to Bail?
Yes. The rules state that you should be granted Bail (except in cases of Murder and Rape) unless the Court/Police find substantial grounds to believe you will either
- commit further offences whilst on bail
- fail to surrender to custody
- interfere with or obstruct the course of justice
Substantial Grounds have been found
Even if substantial grounds are found, consideration should be given to any bail conditions that could be imposed to protect against the concerns raised before going on to consider remand into custody.
List of possible Bail conditions
- Non-contact conditions
- Exclusion conditions
If you have been granted Bail but did not surrender to the court on the date time specified you will actually be committing an additional criminal offence of failing to surrender to Bail. This can be dealt with in court separately to your original charges and subsequently be sent to prison no matter if you are guilty or not of the original criminal offence.
If you breach one ore more of your Bail Conditions then the Police can arrest you and a Court will decide if they will issue Bail again or not, during which there is a danger of being remanded into custody if there are grounds to believe you will not stick to your Bail conditions
After a decision about your bail has been reached you have two opportunities to appeal to the Magistrates before then appealing to the Crown Court. After this, you would need to present a “material change of circumstances” to the court to warrant any further appeals.