A Brief Introduction to Bail in Criminal Cases - By: Expo09

Being ‘released on bail’ means that a suspect in a criminal case has been released on certain conditions, often in exchange for a payment. Depending on the type of case suspects may be offered bail so they do not have to spend time between police interviews or court hearings in prison. Bail is more likely to be offered for lesser crimes. The suspect must then return for questioning or trial. It will not be granted if there is reason to believe they may not return as required and failure to do this can lead to serious consequences, with twelve months imprisonment the maximum punishment.

In the UK there are three types of bail; police bail, police to court bail and court bail. Police bail is where someone is just a suspect (not having been charged) in an ongoing investigation. They must make themselves available for questioning and return to the police station when requested. Police to court bail in where someone has been charged and is due it court. Here they must attend court for any hearings as required. Court bail can be given during the course of the court case. This means that throughout the court case they can go home and don’t have to be kept in prison.

The specific conditions of bail can vary greatly. Certain restrictions might be placed on suspects for a number of reasons. If there is a fear that a suspect will not return to prison or court, that the suspect may commit further crimes, or that the suspect will interfere with a witness, they are likely to be refused bail. Examples of bail conditions include suspects having to live in a specified place or report to a police station or another location every day.

Bail can be removed should the terms of bail be broken. In these instances they will be kept in jail thereafter. If they are accused or convicted of another crime bail is likely to be removed, as it is if it is felt that it would be for their own protection, for example if it is though someone might try to gain revenge.

There are many variables when it comes to bail. This is the case in deciding whether or not to grant bail and the conditions of bail. Dangerous criminals (or suspected criminals) are much less likely to be granted bail, as is the case with those who it isn’t believed can be trusted to abide by the its terms.

Andrew Marshall (c)

About the Author

Amongst their many legal services Steel & Shamash are Criminal Solicitors and Family Law Solicitors.

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