Bail, Remands and Custody
Presumption and exceptions
Bail is governed by the Bail Act 1976. Section 4 creates a presumption in favour of bail for a person accused or convicted of an imprisonable offence; for non-imprisonable offences Schedule 1 Part II applies a looser regime. Section 5B removes the presumption for murder, attempted murder, manslaughter, rape and listed serious sexual and firearms offences, where bail may be granted only in exceptional circumstances. Reasons must be given whenever bail is withheld (s.5(3)).
Grounds and conditions
Schedule 1 Part I paragraph 2 permits detention where there are substantial grounds for believing the defendant would fail to surrender, commit an offence on bail, or interfere with witnesses or otherwise obstruct justice, where detention is for the defendant's own protection or welfare, or where the offence was committed while on bail. Paragraph 2A adds a route for drug users. Conditions (s.3) including residence, reporting, curfew, non-contact, electronic monitoring, sureties and security must each be necessary to meet an identified risk and proportionate. Breach of a condition is not an offence; failure to surrender is (s.7).
The prosecution may appeal a grant of bail under the Bail (Amendment) Act 1993 by giving oral notice at the end of the hearing and written notice within two hours.
Remands and custody time limits
Magistrates remand in custody for a maximum of eight clear days at a time (s.128 MCA 1980), with limited provision for longer remands where the defendant is legally represented and consents. Custody time limits run from first appearance to the start of summary trial (56 days) and from sending to the start of the Crown Court trial (182 days), extendable on application under the Prosecution of Offences Act 1985.
Trap: applying Schedule 1 Part I to a non-imprisonable summary offence. Worked example: a first-time defendant charged with assault by beating against a neighbour, stable address, no breaches; opposition based on the offence being 'serious' will fail, but a no-contact condition properly addresses the real risk.