When do bail conditions end

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Contact us today via our online contact form to speak to one of our team, or give us a call on Complete our online enquiry form and we'll get back to you as soon as possible. Guide to Bail Undertakings. We can help - contact us now. Bail Conditions Before being released the person must agree to certain bail conditions.

The accused must sign a bail order — a standard bail order will contain the following conditions: An accused person must attend court on each date the case is to call; The accused must not interfere with witnesses or do anything to obstruct the proper conduct of the case; The accused must not do anything that may cause distress or alarm to witnesses The accused must make himself available to enable court enquiries or reports to be made The accused must not commit any offences while on bail The accused must not seek to obtain a statement or precognition from the complainer The accused will be bound by these conditions until the case concludes.

Contact our Criminal Lawyers in Glasgow, Scotland You are strongly advised to speak to a solicitor if you have made a bail undertaking. Make an enquiry Please complete all required fields! Complete our online enquiry form and we'll get back to you as soon as possible Please let us know your name.

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While the decision to grant bail is ultimately for the court, prosecutors should be prepared to object to technical bail where satisfied that one or more grounds for withholding bail has been made out.

In a case where he is satisfied that there are no grounds for opposing bail, a prosecutor can still invite the court to impose conditions to take effect, should the defendant be released from custody. The prosecutor's reasons for adopting this course of action should be recorded fully on the file. Given the importance of this advice to maintaining public safety, the Justices' Clerks' Society and the office of the Senior Presiding Judge has been made aware of this advice.

The question of a remand will only arise where an adjournment is sought and therefore the first point to consider is whether or not the adjournment is necessary. Prosecutors should be aware of the necessity of dealing with youth offenders in an expeditious manner. The Bail Act applies to youth offenders and there is a presumption that the defendant has a right to bail.

The court must also have regard to the welfare of the youth s. This includes a specific obligation to consider a bail application, even if the court has refused bail twice and there is no change of circumstances nor any considerations which were not before the court when the youth was last remanded R on the application of B v Brent Youth Court [] EWHC Admin.

Prosecutors should be mindful of their corresponding duty to have regard to the interests of the youth and the principal aim of the youth justice system which is to prevent offending s. The best interests of the child shall be a primary consideration in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies: Article 3 United Nations Convention on the Rights of the Child UNCRC.

In dealing with a person aged under 18 years, prosecutors are reminded that they should first satisfy themselves that the exceptions to the right to bail are made out see Annex 4, Annex 5 and Annex 6 and that conditions of bail will not allay their fears. If so satisfied, the prosecutor should seek a remand into local authority accommodation s.

A remand into youth detention accommodation should only be sought where one of the sets of conditions set out in ss. If bail is refused to a child the court must remand him or her to local authority accommodation, s. A remand to local authority accommodation is a remand in custody and custody time limits will apply s. The remand is for a maximum of eight days as the remand in absence procedure not applying to youth offenders.

If the remand is after conviction, then the maximum period is three weeks. The Court shall designate the local authority that is to receive the youth offender s. The Court may impose any condition on the local authority remand that could be imposed under s. An electronic monitoring requirement may only be imposed if the criteria in s. The court may also impose requirements on the authority itself for securing compliance with any conditions imposed on the child or stipulating that the child shall not be placed with a named person s.

The authority itself may ask the Court to impose conditions on a remand to local authority accommodation s. The court must consult the designated local authority before imposing conditions on the child or the local authority s. Prosecutors should know something of the local authority's arrangements for accommodation of youth offenders on remand. In all applications, it will be advisable to talk to the representative from the youth offending team before addressing the Court on the need for any conditions to be imposed on the remand, or for a stipulation that the defendant should not live with a named person.

The Court may remand a youth aged between 12 and 17 to youth detention accommodation, rather than local authority accommodation if the youth satisfies either the first or second set of conditions set out in ss. Prosecutors are advised to consult the Youth Offending Team to explain the objections to bail and the reasons for seeking a remand to youth detention accommodation and to ascertain whether they can offer a suitable alternative such as ISSP or bail support.

You should only make an application for a remand to youth detention accommodation when you have considered all of the alternatives and decided that they would be inadequate to protect the public from serious harm or to prevent the commission of further offences. Prosecutors should not use the mere existence of an offence or history condition to make an application for a remand to youth detention accommodation.

The court no longer has a power to remand a 15 or 16 year old boy to secure accommodation rather than a young offenders' institution. All children remanded to youth detention accommodation will be placed in a secure children's home, secure training centre or young offenders' institution. Prosecutors should advise the defence solicitor, the Court and the youth offender team and of any information on the CPS file that indicates that a youth remanded to youth detention accommodation has any physical or emotional maturity issues or a propensity to self- harm to enable the child to be placed appropriately.

If a youth offender is remanded to local authority accommodation, the authority can separately apply to the Court for a Secure Accommodation Order. The application is made under s. The maximum period for which a Court can make a Secure Accommodation Order on a youth offender who has been remanded to local authority accommodation is the period of the remand.

If the authority intends to make this application, then it may well be advisable for Prosecutors to delay any application for remand to local authority accommodation until the local authority application has been heard.

If the application is successful you can consider seeking a remand on bail with a condition of residence where directed by the local authority. In cases where the offender is likely to be remanded for a considerable period of time, it will obviate the need for the offender to be produced at court every seven days. If the offender is not already in care, then the remand must be dealt with first and a remand to local authority accommodation granted before the local authority has power to seek a Secure Accommodation Order.

Time that is spent remanded or committed in custody including Police detention, or in secure accommodation , is deducted from the final sentence. Time spent remanded or committed to local authority accommodation does not count against the final sentence.

A custody officer, after charge, is under a duty to ensure that an arrested youth is moved to local authority accommodation, unless it is certified in the case of:. Although the sub-section uses the word "impracticable" in relation to those under 12 years, the construction of the statutory provision makes clear that the type of accommodation in which the local authority propose to place the youth is not a factor which the custody officer may take into account in considering whether the transfer is acceptable.

As the detention of children under 12 in youth detention accommodation would not be available to the Court, other than at the instigation of the local authority itself under s. The Concordant on children in custody contains guidance for police forces and local authorities in England on their responsibilities towards children in custody. A defendant may have been detained in hospital under the Mental Health Act as a civil patient prior to charge.

The court has no power to grant bail on condition that the defendant resides at the hospital and must remand the defendant in custody. However, the Secretary of State for Justice is able to consider a transfer under s. Prosecutors should contact the MCHS in advance of the first appearance to agree the information needed which will include:. The MHCS will decide whether the hospital offers a sufficient level of security given the nature of the charges and antecedent history and any risk assessment.

The fact that the defendant is already being treated at that hospital will be taken into account. The transfer will be affected by a warrant directing the defendant's transfer to hospital. The section 48 warrant cannot be issued until the court has remanded the defendant in custody. Warrants cannot be issued at the weekends or on Bank Holidays. Section 52 of the Mental Health Act provides that a defendant remanded in hospital under section 48 can be remanded in his absence without the need for him to appear back before the court, provided that he shall not be remanded in his absence, unless he has appeared before the court within the previous six months.

Where a Prosecutor has applied for a defendant to be remanded in custody and the offence in relation to which the remand was sought was an imprisonable one, the prosecutor has a right of appeal to the Crown Court, under s. In deciding whether to seek a remand in such a case, the prosecutor should also consider whether an appeal would be appropriate in the event that the Court decides to grant bail.

The decision and reasons for it must be clearly endorsed on the hearing record. In considering whether an appeal is appropriate, the key factor to consider is the level of risk posed to a victim, group of victims or the public at large.

The nature and seriousness of the offence which the defendant faces is relevant if it illustrates the risk created by granting bail. Examples might be extreme cases of personal violence such as murder, rape, robbery or aggravated burglary, particularly if it is alleged that weapons have been used in offences of violence or during the commission of sexual offences. A serious risk of harm to public safety and property might be demonstrated in an offence of arson with intent to endanger life or being reckless as to whether life is endangered, terrorist offences or riot.

A strong indication that the defendant may abscond may be a reason to appeal in circumstances where the defendant has no right to remain in the jurisdiction or has substantial assets or interests abroad. On the other hand the right of appeal should not be used simply because the defendant has no fixed address or settled way of life, particularly where this may be coupled with mental health problems unless accompanied by genuine indications of danger to the public.

This guidance is not intended to be exhaustive and each case will need to be decided on its merits after consideration of any representations made to the court and any other information which may become available. Where a prosecutor has decided to exercise a right of appeal, authorisation should be sought from a legal manager at level E before the appeal is heard in the Crown Court. Associate Prosecutors who do not have instructions from a prosecutor to appeal bail if granted whether through instructions on the MG3 or otherwise should seek instructions before serving written notice of appeal from a lawyer manager but may give oral notice of appeal before seeking instructions.

The BAA applies to youth offenders charged with, or convicted of, offences punishable in case of an adult with imprisonment and in respect of whom the prosecutor has made representations that he or she should be remanded to local authority accommodation, or youth detention accommodation under the provisions of ss.

An appeal against the grant of bail with or without conditions to a youth will result in a remand to local authority accommodation without conditions pending the determination of the appeal.

Prosecutors and managers will therefore need to give careful consideration as to the merits of any appeal against the grant of conditional bail.

In addition to the authorisation referred to above, the decision to appeal the granting of bail should be taken or confirmed by a Youth Offender Specialist and the Area Youth Co-ordinator should be notified of the result of the appeal. Where a Prosecutor has applied for a defendant to be remanded in custody and the offence in relation to which the remand was sought was an imprisonable one, the prosecutor has a right of appeal to the High Court, under s.

The right of appeal to the High Court under this section does not enable a prosecutor to appeal a decision by the Crown Court to uphold the decision of Magistrates to grant bail - s. The provisions on factors to consider, authorisation and procedure relating to an appeal from the Crown Court match those on appeal from the magistrates' court, save that prosecutors should note that:.

The High Court jurisdiction in respect of habeas corpus is unaffected. Prosecutors should be aware however that the possibility of a judicial review of a decision of bail still exists despite these changes, but authority indicates that this should be used sparingly - see R ex parte R v Snaresbrook Crown Court [] EWHC Admin.

Rule The CPS should note that the importance of seeking the views of the police and any identified victims as to any proposed conditions and should ensure that these applications are brought to the attention of the police as soon as possible.

Where necessary, prosecutors should be proactive in seeking more time for a response to be received - see Crim. PR It is an offence for a suspect released on bail in criminal proceedings, to fail without reasonable cause to surrender to custody - s. It is an offence for a suspect released on bail in criminal proceedings, who having reasonable cause for failing to surrender at the appointed place and time, fails to surrender at that place and time as soon as is reasonably practicable thereafter - s.

Where bail is granted by the police and the defendant fails to surrender, the police may charge him as long as the charge is laid within six months of him failing to surrender, or three months of him surrendering to custody, being arrested or being brought before the court for the offence for which he is bailed, whichever is sooner - ss.

Where a defendant is bailed by the police and fails to surrender at the first hearing, the prosecutor should make an oral application for an information to be laid in relation to both the offence under s. Where the defendant is brought before the court, having not been charged by the police and with no information having been laid previously, the prosecutor may ask for an information to be laid at this stage, subject to the time limits as set out above.

Where a defendant has been bailed by the court and fails to surrender, the court may try him for that offence at any point after he has been brought before the court for that offence, irrespective of the length of time since he failed to surrender - s. When a defendant fails to appear at Court, the prosecutors should generally apply to the Court for a warrant without bail.

In exceptional circumstances, they may use their discretion as to whether a warrant backed for bail may be appropriate. There is no need to call formal evidence unless contesting the defence of reasonable cause. The Court's record of the grant of bail, or the charge sheet, if Police bail was granted, giving details of the time and date the defendant was due to surrender, will be sufficient.

Whether or not the defendant has failed to surrender to court bail will depend on the arrangements in the particular court to which the defendant is to surrender. The position may differ between the magistrates' court and the Crown Court. The court displayed a notice which required all persons due to appear in court to report to the enquiry counter. The defendant did report and then complied with the instructions to wait in the concourse before becoming tired of waiting and leaving the building.

Following conviction for failing to surrender the defendant appealed to the Crown Court, Glidewell LJ stated:. If having done so the person at the Inquiry office said: 'Go to the cells and surrender to a prison officer' that would have been the surrender. If the Inquiry officer says: 'Go and sit in the concourse until your case is called,' then the court procedure envisages that being the surrender to the court.

Accordingly, in the magistrates' court, what constitutes surrender may vary according to the arrangements which are made for accepting surrender at any particular court. In this instance, by surrendering to the enquiry desk, the defendant could not be said to have failed to surrender.

Even if the circumstances do not amount to a Bail Act offence, the court may still issue a warrant for the defendant's arrest s. He left before his case was called and was convicted of failing to surrender. Mere arrival at the Crown Court building does not constitute a surrender, neither did reporting to an advocate.

Surrender has to be accomplished personally by the defendant. Secondly, if there has been no previous surrender, as ordinarily there will have been it is also accomplished by arraignment.

Thirdly, the position in the magistrates' court may be the same, but may easily differ as explained in DPP v Richards.

This guidance clarifies the roles and responsibilities of medical practitioners when issuing medical certificates in criminal proceedings. If a medical certificate is accepted by the court, this will result in cases including contested hearings and trials having to be adjourned rather than the court issuing a warrant for the defendant's arrest without bail. Medical certificates will also provide the defendant with sufficient evidence to defend a charge of failure to surrender to bail.

However, a court is not absolutely bound by a medical certificate. The medical practitioner providing the certificate may be required by the court to give evidence. Alternatively the court may exercise its discretion to disregard a certificate, which it finds unsatisfactory - R v Ealing Magistrates Court Ex p. Burgess J. Medical practitioners should be aware that when issuing a certificate to a defendant in criminal proceedings they make themselves liable to being summonsed to court to give evidence about the content of the certificate, and may be asked to justify their statements.

A prosecution will normally be in the public interest where a defendant has deliberately failed to attend with no reasonable cause unless he or she is able to put forward substantial mitigating circumstances.

Where a defendant has surrendered to bail at court later than the appointed time, consideration ought to be given to the following questions in deciding whether or not it is in the public interest to proceed with an offence of failing to surrender:. Where the court is looking to proceedings for failure to surrender separate to consideration as to whether bail should be revoked or amended , it should consider the content of Criminal Practice Direction Custody and Bail [] 1 W.

R , the main requirements of which are:. The court should give reasons in open court if it decides not deal with the Bail Act offence at the earliest opportunity.

If proceedings are sent to the Crown Court, then, the defendant can be committed for sentence to the Crown Court, but only if convicted in the magistrates' court - s. If the defendant is sentenced for the Bail Act offence at the same time as for the substantive offences, then any term of imprisonment for failure to surrender should run consecutively to any other term of custody. The Official Solicitor to the Supreme Court acts for defendants in custody who wish to apply for bail but are unable to do so through lack of means to instruct a solicitor - RSC, Order 79 r 9.

The procedure is that the defendant completes the appropriate Home Office form and the Prison or Remand Centre should send the form to the Official Solicitor and a copy, for information, to the local Crown Court Centre. At the same time the Prison or Remand Centre sends a request for a report in the form of a standard letter and questionnaire direct to the Police Station dealing with the defendant's case.

The questionnaire requests details of any objections to bail. In the light of s. The questionnaire should be properly completed by a Prosecutor and returned to the office of the Official Solicitor. It is vital that grounds for objecting to bail and the reasons for court decisions are accurately recorded by both the Crown and the Court. Prosecutors, whether reviewing a case or appearing as advocates, should ensure that the following information is recorded:.

Given that bail can be re-visited at various stages of a case including appeals by the prosecution against the granting of bail , it is important that the Crown's objections to bail and the Court's decision including which grounds if any it upholds are clearly noted by all parties and the Court. The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases.

This guidance assists our prosecutors when they are making decisions about cases. It is regularly updated to reflect changes in law and practice. Help us to improve our website; let us know what you think by taking our short survey. Contrast Switch to colour theme Switch to blue theme Switch to high visibility theme Switch to soft theme.

Search for Search for. Top menu Careers Contact. A benchmark of the quality of CPS case preparation is that we are: "Continually reviewing the remand status of defendants, and ensuring that custody time limit cases are dealt with in accordance with the national standard.

There are further restrictions when you are charged with an offence that has a penalty of three or more years jail, if you have previously served time in jail and you committed an offence while out on bail. Bail Act , s 8. In deciding whether to grant bail, the court must consider whether there is a risk that you may:. The court must also consider any matter that would make it unjust to keep you in jail. Your lawyer can contact the officer in charge of the case or police prosecutions.

If someone is charged with certain serious offences, including sexual violation or other serious assault, the court must take into account any views of the victim about whether bail should be granted.

The police will liaise with the victim. If you are granted bail, you have to sign a bail bond which sets out the conditions of bail. The court can impose bail conditions that are reasonably necessary to make sure you:. A minimum condition is that you appear in court at a particular time and place. Bail Act , ss 30TX. You can also be required to wear a special bracelet or anklet to continuously monitor you for drug or alcohol use.

Sometimes you can be granted bail with an electronic monitoring condition see below. Bail Act , ss 30AS. The prosecution which is usually the police must also agree to you being on EM bail. Bail Act , ss 38, A warrant for your arrest may be issued. This can be noted down in the court records, and it can be taken into account the next time you apply for bail, whether in your current case or a later one. The information in this section is an online version of our highly useful resource The Community Law Manual.

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