The Reasons Why You May Not Be Granted Bail

Will I be granted bail?

*This article refers to adults, the law for youths is different.*

Do I have a right to bail?

You DO have a right to be granted bail, however under certain circumstances this right can be taken away.

The circumstances include the court believing that if granted bail it would be likely that you would:

• Fail to surrender;
• Commit further offences on bail; or
• Interfere with witnesses

Bail can be denied occasionally for your own protection/welfare.

What if I am already on bail?

The right to automatic bail is taken away if you are charged with an offence alleged to have been committed whilst you were on bail.

Although in this case you do not have to be granted bail, you may be if the court are convinced that you will not do any of the aforementioned things whilst on bail: fail to surrender, commit further offences or interfere with witnesses.

A court appearance following a failure to surrender means that an right to automatic bail is taken away.

Does it matter if I am a drug user?

Should you test positive for class A drugs and refuse treatment, then it is possible that you will not be granted bail unless the court is satisfied that there is no serious risk of an offence being committed whilst on bail.

Will I have conditions on my bail?

The court may grant bail unconditionally or they may decide to impose bail conditions. This would be in a case where they are satisfied that those conditions are necessary to address any risk that you would fail to surrender, commit further offences or interfere with witnesses.

Conditions imposed must be both proportionate and necessary. Possible conditions that may be implemented are curfew, residence, not to contact named witnesses, not to go to a specific area, or reporting to the police station.

For a person on your behalf could also agree to pay money into the court which would be forfeited in the event that you fail to attend court.

What if the offence isn’t serious?

If you plead guilty, or are convicted of an offence which would not lead to a prison sentence then you will be granted bail. There are always exceptions to the rule. You may still find yourself in custody if the court is satisfied there are substantial grounds for believing that you would:

Commit an offence while on bail by engaging in conduct that would, or would be likely to cause physical or mental injury to an associated person.
cause an associated person to fear physical or mental injury.

Commit further offences if the offence was committed whilst on bail;
Fail to surrender, if you have previous convictions for this;

If you have been arrested for breach of bail for this offence and there is a fear of failure to surrender, further offences or interference with witnesses.

You will only be denied bail for a non-imprisonable offence if you have previously failed to surrender and there is reason to believe that you would repeat this action or commit a breach of bail.

Are there any other reasons I could be kept in custody?

One reason you may be kept in custody is that it is decided that it is what’s best for your own safety. Secondly, if you are already a serving prisoner. You can also be kept in custody if there is insufficient information about your bail and that information is still being acquired.

It is not within the magistrates authority to grant bail to anybody who has been charged with murder or treason. For an offence of manslaughter, rape or a serious sexual offence where there is a previous conviction for one of these offences, there must be exceptional reasons for bail in order for it to be granted

If you would like to discuss any aspect of your case, please contact Morton’s Solicitors on
0161 477 1121 or [email protected]