Bail is a legal process in which a person accused of a crime is released from custody pending their trial. It is a form of pretrial release that allows the accused to remain free until their case is resolved. Bail is typically granted when the court determines that the accused is not a flight risk and does not pose a danger to the community. The amount of bail is set by the court and is often based on factors such as the severity of the crime, the accused’s criminal history, and their ties to the community. If the accused fails to appear in court as required, bail may be forfeited and a warrant for their arrest may be issued. Bail can be paid in cash or through a bail bond, which is a financial guarantee provided by a bail bondman.
- n. the money or bond put up to secure the release of a person who has been charged with a crime. For minor crimes, bail is usually set by a schedule that shows the amount to be paid before any court appearance (arraignment). For more serious crimes, the amount of bail is set by the judge at the suspect’s first court appearance. The theory is that bail guarantees the appearance of the defendant in court when required. While the Constitution guarantees the right to reasonable bail, a court may deny bail in cases charging murder or treason or when there is a danger that the defendant will flee or commit mayhem. In some traffic matters, the defendant may forfeit bail by non-appearance since the bail is equivalent to the fine.
- v. to post money or bond to secure an accused defendant’s release. This is generally called “bailing out” a prisoner.
- Definition of Bail: Being given liberty until the next stage in the case.
- Definition of Remand in Custody: Being kept in custody until your trial.
- Security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that person’s appearance for trial.
- legal, U.K. Release from imprisonment on payment of such money.
- legal, U.K. The person providing such payment.
Bail is a legal process in which a person accused of a crime is released from custody pending their trial. It is a form of pretrial release that allows the accused to remain free until their case is resolved. Bail is typically granted when the court determines that the accused is not a flight risk and does not pose a danger to the community. The amount of bail is set by the court and is often based on factors such as the severity of the crime, the accused’s criminal history, and their ties to the community. If the accused fails to appear in court as required, bail may be forfeited and a warrant for their arrest may be issued. Bail can be paid in cash or through a bail bond, which is a financial guarantee provided by a bail bondman.
Bail is money or bond which is given to the court temporarily and allows for the accused to leave jail. The bail or bond, as it is often called, provides assurance to the court that the accused party will return for his or her court appearances.
This is an extremely important pre-trial matter which needs to be considered in every case. A person can be released on bail at any point after being arrested by the police; sometimes, sometimes however, it is felt necessary to keep the suspect/defendant in custody until their trial.
Police Bail
The police can release a suspect on bail while they make further inquiries. This means that the suspect is released from custody on condition that they return to the police station on a specified date in the future.
The police can also give bail to a suspect who has been charged with an offence. In this situation, the defendant is given bail on condition that they appear at the Magistrates’ Court on a specified date.
The decision whether or not to grant bail is made by the custody officer under s. 38 of the Police And Criminal Evidence Act 1984 (PACE) (as amended by the Criminal Justice and Public Order Act 1994) The custody officer can refuse to grant bail if:
- the suspect’s name and address cannot be ascertained
- there are doubts about whether the suspect’s name and address are genuine
If any person fails to surrender to police bail on the date specified, then the police have the right to arrest them.
Conditions On Police Bail
The Criminal Justice and Public Order Act 1994 gave the police the power to impose certain conditions on a grant of bail.
These include;
- asking the suspect to surrender their passport and report regularly to the police station
- getting another person to stand surety for them
These conditions can be imposed in order to:
- make sure the suspect surrenders to bail
- does not commit an offence whilst on bail
- does not interfere with witnesses
- does not interfere in any other way with the course of justice When the Police Refuse to Grant Bail
If the police charge a suspect with an offence and are not willing to grant them bail, they must bring the defendant before the Magistrates’ Court at the first possible opportunity.
It is not usually possible for the Magistrates to deal with the case there and then they must make the decision whether the defendant is granted bail or remanded in custody. It is only in a very small percentage of cases that the police refuse bail. The main statute relating to whether a defendant should be granted bail by the Magistrates’ Court is the Bail Act 1976
The Bail Act 1976
There is an assumption under the Bail Act 1976 that an accused person should be granted bail.
Section 4 of the Bail Act 1976 gives a general right to bail; however, the Court need not grant a defendant bail if it is satisfied that there are substantial grounds for believing that the defendant, if released on bail, would:
- fail to surrender to custody
- commit an offence whilst on bail
- interfere with witnesses or otherwise obstruct the course of justice
- needs to be kept in custody for their own protection
When deciding whether to grant bail to the defendant, the court will consider various factors, including:
- The nature and seriousness of the offence
- The character, antecedents (a past record), associations and community ties of the defendant
- The defendant’s previous record when granted bail
- The strength of the evidence against the defendant
The court can also set conditions to a grant of bail, similar to the ones which may be made by the police and can also make a condition of bail that the defendant must reside, while on bail, at a certain address or even in a bail hostel.
A defendant can appeal against the refusal of the Magistrates’ Court to grant bail. This appeal is to a judge in the Crown Court. Where a defendant has been sent to the Crown Court for trial (indictable and some triable either-way offences), the defendant can apply for bail there.
Restrictions On The Right To Bail
In certain cases, there is a restriction on the right to bail.
Repeat serious offenders
Where the current offence was committed whilst already on bail
Adult drug users
Where an adult offender has tested positive for certain Class A drugs, Section 19 of the Criminal Justice Act 2003 places restrictions on the granting of bail, Where the offender is either charged with possession or possession with intent to supply a Class A drug, the court is satisfied that there are substantial grounds for believing that the misuse of a Class A drug caused or contributed to the offence The offender has refused to agree to an assessment regarding their dependency upon certain Class A drugs Prosecution Appeals
The Bail (Amendment) Act 1993 gives the prosecution the right to appeal to a judge in the Crown Court against the granting of bail. This applies to any offence which is punishable with imprisonment.
Comment
According to Home Office Statistics, 12% of those bailed to appear at court fail to do so and nearly 25% of defendants commit an offence whilst on bail.
However, it is also argued that far too many people are refused bail, i.e. remanded into custody. Around 14,000 people are currently in British prisons awaiting trial, which is about 20% of the prison population. Of these people, some will be found not guilty at their trial and will not receive any compensation for the time they have spent on remand. (This can sometimes amount to many months.) Of those on remand who are found guilty at their trial, statistics show around 60% are given non-custodial sentences!
The US
Under the Eighth Amendment of the United States, constitutional bail amounts cannot be excessive. For instance, the state is not allowed to use bail to raise money for the state or as a punishment for the alleged criminal. Bail is also not to be used to allow the police more time to gather evidence. The primary goal for establishing the bail amount is for the court to find a reasonable amount of bail which deters the suspect from leaving the jurisdiction and not reappearing in court.
Bail is a process in which a defendant pays a certain amount of money or provides collateral to the court as a guarantee that they will appear for their scheduled court hearings.
The bail amount is typically set by a judge and is based on various factors, including the severity of the crime, the defendant’s criminal history, flight risk, and ties to the community.
In most cases, yes. However, certain serious offences, such as capital crimes, may result in the denial of bail. Additionally, if a defendant is considered a flight risk or poses a threat to public safety, bail may be denied.
If you cannot afford to pay the full bail amount, you may seek the assistance of a bail bondsman. They will typically charge a non-refundable fee, usually a percentage of the total bail amount, and provide the court with a guarantee that you will appear for your court hearings.
Yes, the bail amount can be changed if circumstances warrant it. For example, if new evidence is presented or if the defendant violates the conditions of their release, the court may increase or revoke bail.
If the defendant appears for all their court hearings, the bail money is typically returned to the person who posted it, minus any administrative fees. However, if the defendant fails to appear, the bail money may be forfeited to the court.
No, bail cannot be denied solely based on a person’s immigration status. However, if a defendant is considered a flight risk or poses a threat to national security, bail may be denied.
Yes, in addition to cash, bail can be paid using various forms of collateral, such as property, vehicles, or valuable assets. However, the value of the collateral must be sufficient to cover the full bail amount.
Yes, bail can be revoked if the defendant violates the conditions of their release, such as by committing another crime, tampering with witnesses, or failing to appear in court. This may result in the defendant being taken back into custody.
If the charges against the defendant are dropped or they are found not guilty, the bail money will typically be refunded, minus any administrative fees. However, it is important to consult with the court or your attorney for specific details in your jurisdiction.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 30th April 2024.
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