Bail is the release of a suspect or defendant from custody pending the next stage of a case. Bail may be granted by the police or by a court.

Name the three main grounds for refusing bail.

Bail may be refused where the defendant would fail to surrender, commit further offences or interfere with witnesses. Substantial grounds for that belief must be shown to the court.

What factors does a court weigh in deciding bail?

A court weighs the nature and seriousness of the offence and the likely sentence. Community ties, previous bail record, character and the strength of the evidence also count.

What conditions can be attached to bail?

Conditions may include residence at a stated address, a curfew, an electronic tag or reporting to a police station. Surrender of a passport and a ban on contacting witnesses are also common.

Eduqas A-Level Law A150QS

Parliamentary and European Law Making

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The Criminal Process

Bail

3 things to know
Component 1

Overview

Three main grounds for refusing bail, security in the context of bail and offence of absconding.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

Define bail.

Numbers

Which Act governs bail?

Numbers

State the presumption in section 4 of the Bail Act 1976.

Questions from this subtopic

Each one with the model answer underneath.

1
Define bail.
Model answer
Bail is the release of a suspect or defendant from custody pending the next stage of a case. Bail may be granted by the police or by a court.
2
Which Act governs bail?
Model answer
The Bail Act 1976 governs bail in England and Wales. Section 4 gives a general right to bail subject to the exceptions in Schedule 1.
3
State the presumption in section 4 of the Bail Act 1976.
Model answer
Section 4 of the Bail Act 1976 presumes that a defendant is entitled to bail. The prosecution must show that an exception applies before bail is refused.
4
Name the three main grounds for refusing bail.
Model answer
Bail may be refused where the defendant would fail to surrender, commit further offences or interfere with witnesses. Substantial grounds for that belief must be shown to the court.
5
What factors does a court weigh in deciding bail?
Model answer
A court weighs the nature and seriousness of the offence and the likely sentence. Community ties, previous bail record, character and the strength of the evidence also count.
6
What conditions can be attached to bail?
Model answer
Conditions may include residence at a stated address, a curfew, an electronic tag or reporting to a police station. Surrender of a passport and a ban on contacting witnesses are also common.

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