NCJ Number
62867
Date Published
1979
Length
71 pages
Annotation
TECHNICAL INFORMATION IS PROVIDED FOR PRACTITIONERS ON MAKING BAIL APPLICATION IN ENGLAND; PARTICULAR ATTENTION TO IS GIVEN APPLICATIONS PRESENTED BEFORE A JUDGE OF THE HIGH COURT IN CHAMBERS.
Abstract
THE INFORMATION GIVEN IS CONCERNED LARGELY WITH THE DETAILED PROVISIONS OF THE BAIL ACT OF 1976, BUT CONSIDERATION IS ALSO GIVEN TO THOSE INSTANCES WHERE THE OLD LAW STILL APPLIES. THE CIRCUMSTANCES DETERMINING WHEN BAIL MAY BE GRANTED EXAMINED, PARTICULARLY IN THOSE CASES INVOLVING THE POLICE, MAGISTRATES' COURTS, THE CROWN COURT, THE HIGH COURT, AND THE COURT OF APPEAL. CONDITIONS FOR GRANTING 'CONTINUOUS BAIL' AND 'PAPER REMAND' ARE ALSO TREATED. PROCEDURES FOR MAKING BAIL APPLICATION ARE OUTLINED WITH REFERENCE TO THE MAGISTRATES' COURTS, THE CROWN COURT, JUDGE IN CHAMBERS, AND THE COURT OF APPEAL. THE OBTAINING OF RELEASE AFTER SUCCESSFUL BAIL APPLICATION IS ALSO DESCRIBED, AND THE APPLICATION OF LEGAL AID TO BAIL PROCEDURES IS DELINEATED. RULES FOR APPLYING THE RIGHT ARE INDICATED, AND REASONS FOR REFUSAL OF BAIL ARE LISTED. THE STATUTORY REQUIREMENT FOR RECORDING BAIL DECISIONS AND THE REASONS FOR SUCH DECISIONS ARE EXPLAINED, ALONG WITH PROCEDURES FOR IMPLEMENTATION. THE OFFENSE OF ABSCONDING UNDER CONDITIONS OF BAIL IS DEFINED ACCORDING TO THE 1976 BAIL ACT, AND PROCEDURES SURROUNDING SUCH AN OFFENSE ARE DESCRIBED. THE APPENDIXES PROVIDE A COPY OF THE BAIL ACT 1976 AND SAMPLES OF THE FORMS USED IN BAIL PROCEDURES. (RCB)