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Your Justice, Your World
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Bail
11–16s:
Case study: Bail - Rod (Unit 3)

Bail can be granted by the courts or the police. Where bail is granted, the person is released from custody until the next date that they attend court or the police station. Often sureties are required to guarantee that the alleged offender will turn up when required. A surety is a person who agrees to be liable for another's default or non- attendance at court. The surety will probably be family or friends of the alleged offender, and the guarantee will be for a fixed sum of money. If the alleged offender fails to turn up when required, the surety may have to hand over that money.

If bail is refused, this will be because the police or the court believes that, if released on bail, the person will abscond (not turn up to court), commit an offence, interfere with witnesses or otherwise interfere with the criminal justice process. There are two types of bail: conditional bail and unconditional bail. Conditional bail The police and courts can impose any requirements that are necessary to make sure that defendants attend court and do not commit offences or interfere with witnesses while on bail. Conditions can also be imposed for the defendant's own protection or welfare (where the defendant is a child or young person). Common conditions include:

  • Not going within a certain distance of a witness's house.
  • Being subject to a curfew.

If a defendant is reported or believed to have breached (gone against) a bail condition, they can be arrested and brought before a magistrates' court, which may then place the person in custody.

Unconditional bail
If the police or court think that the defendant is unlikely to commit further offences, will attend court when required and will not interfere with the justice process, they will usually be released on unconditional bail.

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