Bail and Bail Applications

People charged with criminal offence are usually granted bail upon their entering into an undertaking (promise) that they will appear at the next Court date. Bail can be granted by police at the watch-house if a person is arrested, or by the magistrate when a person first appears in court on a summons or notice to appear (or if bail has been refused by the police following arrest).

Defendants have a general entitlement to be granted bail, although there are some “show cause” situations under the Bail Act, where the responsibility switches to the accused to show why they should be granted for bail.

Bail will generally be granted unless it is considered that there is an unacceptable risk that the accused will commit further offences whilst on bail, interfere with witnesses, or fail to appear at the next court date.

Bail Applications

Bail applications refer to a court hearing where a person charged with a crime appeals to be released from police custody to appear in court at a later date. What this means is that the charged person does not have to remain in prison until their case is heard in court, leaving them free to remain in society.

If bail applications are successfully argued and are approved, there are usually a number of conditions placed upon the person to restrict their movements and activities until they are tried. These conditions and restrictions are known as ‘an undertaking as to bail’, and if these are not obeyed then a warrant can be issued for the person’s arrest. An arrest warrant will also be issued if they do not appear for their court date.

When a court considers the bail applicant, it will take into account several elements of the case and the applicant. These will generally be the nature of the crime committed, the defendant’s links to the community and family ties, the defendant’s bail record and the strength in the prosecution’s case.

If a court rejects a bail application, it will usually be based on the defendant failing to convince the court that they will respect conditions of bail and not abscond, commit more offences or contact witnesses.

The court may also refuse bail for various reasons ranging from for the defendant’s own protection, the defendant already serving a custodial sentence or defendant has already absconded in other proceedings.

One of the most important elements of bail applications from a criminal lawyers defense perspective can be the bail monetary amount. In some bail applications, a financial payment will be required as a guarantee of the defendant returning to court. Ideally, this will be as low an amount as possible with many people using their homes and such as collateral.

If you have any questions or would like to speak with one of our solicitors, please contact us.