NCJ Number
59537
Date Published
1977
Length
47 pages
Annotation
THE RESPONSIBILITY FOR GRANTING OR WITHHOLDING BAIL, GIVEN TO MAGISTRATE COURTS IN ENGLAND BY THE BAIL ACT OF 1976, IS CONSIDERED.
Abstract
THE BAIL DECISION IS FREQUENTLY THE MOST DIFFICULT ONE TO BE MADE BY MAGISTRATES. IT INVOLVES BALANCING THE LIBERTY OF INDIVIDUALS WHO HAVE BEEN FOUND GUILTY OF NO OFFENSE AGAINST THE NEED TO ENSURE THAT ACCUSED PERSONS ARE DULY BROUGHT TO TRIAL AND THE PUBLIC IS PROTECTED. THE PRINCIPAL FUNCTION OF BAIL IS TO GOVERN ARRANGEMENTS FOR THE LIBERTY OF DEFENDANTS DURING THE COURSE OF CRIMINAL PROCEEDINGS. BAIL DECISIONS ARE REQUIRED ON EVERY REMAND WHETHER BEFORE OR AFTER CONVICTION, ON EVERY COMMITTAL FOR TRIAL TO THE CROWN COURT, ON EVERY COMMITTAL FOR SENTENCE TO THE CROWN COURT, PENDING APPEAL TO THE CROWN COURT AGAINST CONVICTION OR SENTENCE WHEN A CUSTODIAL SENTENCE HAS BEEN IMPOSED, PENDING APPEAL TO THE HIGH COURT IN RESPECT OF A DECISION MADE BY A MAGISTRATE COURT THAT RESULTS IN A CUSTODIAL SENTENCE, ON THE ISSUE OF ARREST WARRANTS, AND BY THE POLICE FOLLOWING ARREST WITHOUT WARRANT. THE BAIL ACT OF 1976 STATES THAT DEFENDANTS MUST BE GRANTED BAIL AT CERTAIN STAGES OF CRIMINAL PROCEEDINGS, SUBJECT TO EXCEPTIONS. EXCEPTIONS ARE IN TWO GROUPS. THE FIRST CONCERNS DEFENDANTS ACCUSED OR CONVICTED OF IMPRISONABLE OFFENSES. THE SECOND GROUP CONCERNS DEFENDANTS ACCUSED OR CONVICTED OF NONIMPRISONABLE OFFENSES. IF AN EXCEPTION APPLIES, THE DEFENDANT NEED NOT BE GRANTED BAIL. ATTENTION IS GIVEN TO CONDITIONS UNDER WHICH BAIL DECISIONS ARE REQUIRED, THE GENERAL RIGHT TO BAIL, CONDITIONS UNDER WHICH BAIL MAY BE REFUSED, SURETIES, REQUIREMENTS OF BAIL, THE HEARING OF BAIL MATTERS, JUVENILES, THE REVIEW OF MAGISTRATE DECISIONS, SANCTIONS, POLICE BAIL, BAIL AND THE ISSUE OF ARREST WARRANTS, VARIATIONS IN BAIL CONDITIONS, AND THE RIGHT TO APPLY FOR BAIL TO A HIGHER COURT. (DEP)