Apply for Bail - Situations and Strategies

Updated on Friday 09th September 2016

Apply for Bail - Situations and Strategies Image
The term bail refers to the situation where the defendant is released from detention due to a certain amount of money arrangement, after a proper examination of his background and case. Individuals should know that the bail is not a prearranged decision for serious offences and applications will be managed with suitable attention. Our defence solicitors in London are well prepared and can offer proper information and legal assistance if you want to apply for bail. If an individual is charged with a criminal offence, the police may carry on keeping the defendant in custody until the evidence is collected for the prosecution.

Who has the right for bail?

The Bail Act 1976 stipulates that any individual, suspect of a certain offence, brought in front of the Law Court must receive the chance to apply for bail, if he enters in the right category of offence for such request, without any other exceptions. The presumption in favor of bail, according to article 5 of the European Convention on Human Rights (ECHR), refers to all defendants who need to be released before their trials, unless the prosecuting authorities can demonstrate there are significant and enough reasons to validate their prolonged custody. Take into consideration that individuals charged with murders, manslaughter and serious sexual crimes can apply for bail if there are exceptional reasons which validate it.

Bail cannot be granted to a certain individual accused of murder unless the Crown Court in the UK is convinced that there is no important risk, if released on bail, he will make another criminal offence. The magistrates will properly analyze the defendants’ criminal record, former grants of bail, and the importance of the last made offence.

According to the Coroners and Justice Act 2009 in the UK, the magistrate’s power to consider bail at first hearing or after an opening of an existing bail situation has been eliminated, but not for situations that include attempted murder and conspiracy to murder. The criminal defence lawyers in London will analyze your case, the circumstances and then will offer legal assistance if you want to apply for bail.

Bail conditions in the UK

Regarding the bail conditions, the prosecutors will need to analyze if they are essential, judicious and capable of being prescribed. Inappropriate conditions may give rise to a permanent risk of further offending or of injury to the victims, situation in which the prosecutors must be ready to confront their obligation or pursue further proof from the police. Other important conditions any magistrate may impose when he prepares the bail terms are the following:

•    the defendant is not allowed to make contact with the co-accused person or injured party;
•    the accused person must demonstrate he has the same home address;
•    the defendant must give the passport to the authorities;
•    the obligation of a restriction that says the defendant must be inside the house between specific hours;
•    any bail condition, or arrangement of bail conditions needs to be equal to the legitimate intention.

Our team of defence lawyers in London is ready to offer guidance and legal assistance to all individuals who want to know the terms and conditions in order to apply for bail, so please feel free to contact us.