At Emery Johnson Astills our highly skilled and experienced criminal defence advocates regularly represent clients before the Magistrates’ and Crown Courts to deal with the issue of bail.
Can you be bailed by the Magistrates' Court?
If remanded into custody at the police station bail will be considered at the first hearing at the Magistrates’ Court. This hearing is usually the following day, unless the following day is a Sunday as the Magistrates’ Courts do not sit on this day.
A defendant will not be granted bail if the court is satisfied that there are substantial grounds for believing that the defendant will:
- Fail to surrender to custody
- Commit a further offence while on bail
- Interfere with witnesses or otherwise obstruct the course of justice
The Court will consider the following factors in determining whether to grant bail:
- Whether the defendant was on bail for another offence at the time the new offence was alleged to be committed
- Any previous convictions of the defendant
- Whether the defendant has community ties to the area
- The defendant’s previous compliance with court orders
- Whether the defendant has a suitable address to reside at
Can you be bailed by the Crown Court?
If unsuccessful in obtaining bail from the Magistrates’ Court one final option available to all defendants is to pursue a ‘Judge in Chambers’ (JIC) bail application at the Crown Court. There are no further opportunities to seek bail once bail has been refused by a Crown Court Judge at a JIC bail application. There has to be a significant change in the case in order to pursue a further JIC bail application.
What conditions can there be on bail?
Potential bail conditions include:
- To reside (live and sleep) at a certain address
- Not to enter a particular area or not to go to a specific address/street
- To ‘sign on’ at a local police station
- To abide by an electronically monitored curfew at a particular address – known as being on ‘tag’ (each day on a qualifying electronic curfew is considered half a day served in custody should a prison sentence be passed at the conclusion of proceedings)
- Not to contact directly or indirectly any prosecution witnesses or the complainant
- Not to have unsupervised contact with a child/minor (in the case of sexual offences or child abuse)
- To surrender a passport/travel document and not to apply for any further travel documentation
- To provide a sum of money as a security
- To put forward a sum of money as a surety
How can we help?
At Emery Johnson Astills our specialist criminal defence team have a wealth of experience in dealing with representation at all stages in the criminal justice system. If you find yourself facing an allegation or charge it is vital to contact a Solicitor as soon as possible to obtain specialist advice regarding what may potentially be a very serious charge.
You are always entitled to free legal advice at the police station. Should you find yourself facing an allegation at the police station one of our solicitors or police station accredited representatives will always be available to attend the police station with you, even at short notice. We understand that facing a criminal allegation is a stressful time and will do all that we can to guide and support you through the process.
If you have any issues in relation to bail or are facing a criminal charge please do not hesitate to contact our criminal defence team in Leicester on 01162554855 or in Loughborough on 01509 610312.