Bail Application

Updated on Tuesday 16th June 2020

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If you are involved in a police investigation regarding a criminal offence, and also detained, you have the possibility to apply for bail. The police will not release an individual on bail if consider about his identity, or considers he is a public threat and cannot attend to the law court. Our criminal defence solicitors in London can offer details and legal assistance for persons who wish to apply for police bail in the UK.
 

Police bail conditions in the UK


If an individual is charged with criminal offences and detained in the police custody, he needs to appear in front of the court, in order to establish the bail. For this to take place, the Public Prosecution Service in the UK will analyze the criminal record and will pronounce if it considers the individual able to run away from the country or able to commit future offences. The police bail can be conditional or unconditional, and the arrested person will be out of custody if he offers details about the home address, and if he will not get in touch with particular persons that might interfere upon the case.

Under the Bail Act 1976, an individual can be held in custody until the hearing, if he breaks the police bail rules. In order to receive police bail and to understand the terms, it is recommended to solicit help and guidance from our criminal defence lawyers in London.
 

Receiving the court bail in the UK


The law court can allow the bail with certain conditions, but it can also refuse the bail and resend the defendant back to the police custody. Any individual has the right to be granted for bail, with specific conditions, if he hasn’t been sentenced for any criminal offence. The magistrate will not offer any bail if he considers that the defendant will interfere with the witnesses, or if he might commit other contraventions. The personal background, the nature of the offence, the power of the evidence, and of course, previous convictions will be properly verified before pronouncing bail.  If we are talking about an individual charged and released by the police on bail, he is obliged to appear in front of the law court in no more than 28 days. As a reminder, the judge will see if there is enough proof to relate the defendant to the criminal offence.


Conditions to obtain bail in UK, presented by our criminal solicitors in London


If the authorities consider that the offender will not commit any other crimes while released on bail, they can grant the bail under certain conditions. For instance, an individual released on bail needs to be present at a particular date at the police station, cannot leave the country and must attend the court of law for the first hearing. The bail terms can be explained by our defence solicitors in London, once they have been settled with the magistrates. Please keep in mind that the bail can be rejected if the judges consider the offender capable of other offences or being a public threat.
 

Reconsideration of bail


Even though bail was accepted for an individual accused of offences, the magistrates have the power to reconsider the bail, especially the terms. They can also revoke the bail, if they consider it was issued under uncertain situations. One should know that reconsideration of bail is usually considered in cases of violent crimes or serious offences like burglary or robbery when a crime took place. Your criminal lawyer in London is able to explain the conditions which come with the bail and if it is available in certain cases.
 

Police bail in UK


Persons kept in police custody due to varied accusations of serious offences have the right to apply for bail, with suitable legal help from our criminal defence solicitors in London.  The police bail comes with certain conditions an offender must consider: he/she cannot leave the country, must provide details about the home address and must not get in touch with the parties involved in the case. If the offender has no criminal record, he/she can be released on bail until the first hearing in the court of law. Applying for bail in UK is a serious matter where comprehensive legal support must be offered, a case in which our criminal defence solicitors in London can help.

For a better understanding of bail application in UK, we invite you to watch the video below: 

 


Apply for bail as an immigrant in UK


Immigrants in UK who have been accused of crimes and kept in custody have the right to apply for bail and respect the conditions which come with such status. For example, the immigrant must provide details about the domicile, even if it has been changed. Leaving the country while the police and the prosecutors investigate the case and the circumstances is strictly forbidden. 
 

Bail objection


If there is a bad bail attendance record, convincing explanations of what happened on those occasions and reasons why they are less significant than they seem to have to be presented to the court of law. In this case, the defence lawyers in London are able to help you and, before that, to gather all needed information, in order to represent you. If a serious offence is involved, the theory is that if the proof is solid, then so is the chance of a long prison punishment and therefore, the chance for the defendant not turning up to law court is increasing. This is the reason why it can be difficult applying for bail if there is a serious offence involved, such as armed robbery or even murder.
 

The suitable approach in applying for bail


No matter the case, our team of lawyers in UK will make a bail application which is expected to raise certain oppositions and they will answer them in advance by proposing the judge bail terms.The aim is to increase the chance of bail being settled, by surprising the prosecution objections. Correct planning of a bail application will increase possibilities of inquiry that bail solicitors should follow to confirm. As a reminder, the defendant will only have one chance to make a bail application, so every part of background supportive evidence has to be offered to the court, including the needed documentation. Bail is not a predetermined conclusion for serious offences and applications must be handled with attention and accurately arranged.


The meaning of opposing bail in the UK


When in custody, the defendant can solicit bail, but if refused due to certain circumstances of his/her case, the Court of Law in the UK is under a duty to deliberate bail at each hearing at which the offender shows. If the bail is refused, the defendants’ next hearing will imply any argument related to the case and circumstances that need to be considered by the court and the magistrate. There might be particular changes, therefore, the court needs to hear them, if they will affect the case.

In the criminal offences where murder is involved, the magistrates will have no jurisdiction to consider bail. The Crown Court is in charge with such cases, and a magistrate will consider the hearings, in order to decide if the defendant qualifies for bail. Our criminal solicitors in London will properly analyze your case and will provide you with legal assistance and information, in order to receive positive results.
 

How can you apply for bail in the UK?


If there is a serious offence involved, like murder or armed robbery, applying for bail might be difficult.  A bail application in the UK is estimated to increase particular disapprovals, but our solicitor in London will verify the circumstances and then will propose the bail terms to the magistrate. The purpose is to upsurge the chance of setting the bail, in order to surprise the prosecution objections, therefore to avoid the opposing bail.


What you need to know about the pre-charge bail in the UK


An offender can be released on bail with the condition to return to the police station on a certain date, in order to not change the course of justice and to not intervene in the witnesses questioning. The Code of Crown Prosecutors in the UK will apply if there is plenty of evidence and there are reasonable grounds to grant the pre-charge bail to an arrested individual. There are situations when charges are not accepted, therefore, the suspect can be released from custody by the police, on bail, under specific conditions. If you need to know more information about the pre-charge bail in the UK, it is recommended to ask to help from our criminal defence solicitors in London.


The Bail Act 1976


According to the Bail Act 1976, the conditions of bail cannot be enforced in crimes or murder cases but are mandatory in situations of attempting to murder or conspiracy. If an individual has a criminal background and previous convictions, he will be granted bail if there are exceptional motives. Before granting the bail, the Court of Law will analyze the circumstances, to see if the offender is not a risk to society and will not harm other individuals or talk to the witnesses of the case. Accused persons with granted bail need to understand and to respect the conditions of bail, such as:

•    he will not commit any other offence while on bail;
•    he will not intervene during the investigation;
•    he will answer to the Court’s inquiries.
 

Details about the post charge bail in the UK


The right to bail is granted under the Bail Act 1976 for all individuals in the UK who committed a certain crime and are under arrest, if particular conditions are met. It is good to know that the bail can also be refused by the law court in the UK if the case or situation is severe and needs additional investigation. Regarding the post-charge bail, one should know that the police cannot enforce an offender to stay at a bail hostel in the UK, to electronically monitor the suspect with a metal tag or to force him to attend to certain investigations.

The criminal lawyer in London will properly analyze your case and will offer the needed details about the post charge bail and the conditions when held in the police custody.


Exceptions to bail in the UK


After a suitable examination of your case, the authorities in charge may give or may not give the right to bail. Armed robbery, crimes, attempting to murder or any serious offences are cases where the right to be released on bail is not granted. Also, you may not receive this right if your criminal background is not clear and if you committed crimes in the past. If the police think you are a threat to the society or you will commit another crime, then the bail will not the granted for you. One can be put on demand and cannot be released on bail until the first hearing at the magistrates’ court if the case is severe and serious offences are involved.


Conditions related to bail


Once a person was released on bail, should know he needs to respect and consider the conditions that come with such important right. Before the hearing to the court of law in the UK, one should know what he/she cannot do certain things while released on bail:

•    the individual needs to come to the police station and to report his presences on specific dates;
•    the defendant is not allowed to see or communicate to the witnesses implied in the case;
•    a specific home address needs to be provided when released on bail;
•    the person needs to stay away from possible crimes if he doesn’t want to be arrested once again;
•    the family members should pay the surety that comes with the bail, convened by the court of law;
•    the individual needs to surrender the passport.

Any breach of the bail conditions will lead the individual right back to prison. If you find yourself in this situation, you can receive legal assistance and details from our criminal solicitor in London. Besides that, you can obtain information about the types of conditions to bail in the UK.
 

What important details you need to know about the bail in the UK


For murder cases in the UK, the approach might change a little bit, but the accused still has the right to bail, where certain conditions will be imposed. An electronic tag can be suggested by the court, if the case is severe, until the first hearing to the court of law in the UK. One should know that the court will grant the bail according to the gravity of the criminal offence, the criminal background of the offender, the evidence against the individual and if there were certain conditions related to the previous bail.
 

Magistrates’ Court and the bail in UK


The applications for bail can be made at Magistrates’ Court, if the offenders dealt with delayed or postponed hearings where the sentence should have been issued. It is good to know that a verdict can be suspended if there is new evidence presented, or if the authorities need more time to deliberate on the case. As for the bail application, one should consider that in such cases, there is no need for the offender to be heard in the court of law. If the bail is refused, the offender can appeal the decision to the Crown Court in UK, but considering the legal help of our defence solicitors in London.

For additional information about the police bail conditions, you can contact our team of criminal defence solicitors in London.