Bail, Custody and Remand Applications
Presumption and exceptions
The Bail Act 1976 s.4 creates a presumption of bail. Exceptions depend on offence type and previous record: indictable offences, imprisonable summary offences, and some non-imprisonable offences with failure to surrender. Schedule 1 grounds include failure to surrender, offending on bail, interference with witnesses, own protection, welfare, and insufficient surety. The court must give reasons for withholding bail.
Conditions and remand
Conditions must be necessary and proportionate: residence, curfew, reporting, sureties, security, and electronic monitoring. Remand in custody by magistrates is normally for no more than eight clear days; after conviction, adjournment can be longer. Custody time limits apply. A remand to local authority accommodation may be appropriate for children.
Traps
Candidates wrongly assume bail is automatic for every offence, or that conditions can punish. The 'real prospect' of custody is relevant to legal representation, not bail. Sureties must understand their obligation; a surety who cannot pay is useless.
Worked example
Defendant charged with witness intimidation: prosecution opposes bail on the interference ground. The court needs evidence of interference, not mere assertion. Offer a residence condition, curfew tag, and surety.