Bail in UK Law

Leading Cases
  • R v Jones (Robert) (No. 2)
    • Court of Appeal (Criminal Division)
    • 09 Mar 1972

    To grant this application at this stage would, in the view of this Court, be to put a premium on prisoners jumping bail; it may even have the effect of encouraging others to do so. It may also have as a side effect, increasing the reluctance of a Court in a very long trial to grant bail lest Jones' conduct be repeated by others. The Applicant has brought this entirely on his own head, and he must now take the consequences.

  • Hurnam v State of Mauritius
    • Privy Council
    • 15 Dic 2005

    It is obvious that a person charged with a serious offence, facing a severe penalty if convicted, may well have a powerful incentive to abscond or interfere with witnesses likely to give evidence against him, and this risk will often be particularly great in drugs cases. Where there are reasonable grounds to infer that the grant of bail may lead to such a result, which cannot be effectively eliminated by the imposition of appropriate conditions, they will afford good grounds for refusing bail.

  • LP (LTTE area – Tamils – Colombo – risk?)
    • Asylum and Immigration Tribunal
    • 12 Abr 2007

    Much will depend on the evidence relating to the formality of the detention (or lack of it) and the manner in which the bribe was taken and the credibility of the total story. If the detention is an informal one, or it is highly unlikely that the bribe or “bail” has been officially recorded, then the risk level to the applicant is likely to be below that of a real risk.

  • R (A) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 30 Jul 2007

    I accept the submission on behalf of the Home Secretary that where there is a risk of absconding and a refusal to accept voluntary repatriation, those are bound to be very important factors, and likely often to be decisive factors, in determining the reasonableness of a person's detention, provided that deportation is the genuine purpose of the detention. The risk of absconding is important because it threatens to defeat the purpose for which the deportation order was made.

  • R v Central Criminal Court, ex parte Guney
    • House of Lords
    • 09 May 1996

    It is imperative that there should be an objectively ascertainable formal act which causes a defendant's bail to lapse at the beginning of a trial. From that moment the defendant's further detention lies solely within the discretion and power of the judge. Unless the judge grants bail the defendant will remain in custody pending and during his trial. This is a readily comprehensible system which causes no problems for the administration of justice.

  • R v Watton
    • Court of Appeal (Criminal Division)
    • 18 Dic 1978

    We would wish to see some relaxation of the principles laid down by the Court of Appeal relating to the granting of bail pending appeal, the general effect of which is at present that bail is granted only where it appears prima facie that the appeal is likely to be successful or where there is a risk that the sentence will have been served by the time the appeal is heard.

  • R Asif Raza (Pakistan) v The Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 29 Jul 2016

    This is a time-honoured form of words to express the idea of surrendering to bail. Once a bailed person surrenders to his bail (whether to magistrates or the Crown Court in a criminal case or to an immigration officer in an immigration case) it is then for the person to whom he surrenders to re-fix bail, if he or she considers it appropriate to do so and to determine any appropriate conditions.

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Legislation
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Books & Journal Articles
  • Bail Mail
    • Núm. 36-3, Septiembre 1989
    • Probation Journal
  • Bail Information Schemes
    • Núm. 36-2, Junio 1989
    • Probation Journal
    Christine Fiddes, Senior Probation Officer responsible for National Training for Bail Schemes, argues that the Service should embrace wholeheartedly the opportunity to keep people out of prison by ...
  • Bail: Better Informed
    • Núm. 36-4, Diciembre 1989
    • Probation Journal
  • Bail Pending Trial
    • Núm. 13-3, Julio 1949
    • Journal of Criminal Law, The
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Law Firm Commentaries
  • Contractual Recognition of Bail-In Powers
    • JD Supra United Kingdom
    Not just another clause for banks to add to their contracts, the compulsory inclusion of references to new bail-in powers in certain contracts will focus customers' minds on the ability of resoluti...
  • FMLC Publishes Response on Bail-in Powers
    • JD Supra United Kingdom
    In response to a consultation by HM Treasury, the UK’s Financial Markets Law Committee (FMLC) published a letter on June 4 relating to the bail-in powers introduced by the Financial Services (Banki...
  • PRA publishes modification by consent for bail-in
    • JD Supra United Kingdom
    PRA has transposed Article 55 of the Bank Recovery and Resolution Directive (BRRD) through the rules in the Contractual Recognition of Bail-in part of the PRA Rulebook. The rules require firms and ...
  • AFME publishes model BRRD clause for bail-in recognition
    • JD Supra United Kingdom
    AFME has published a model clause for the contractual recognition of bail-in. It is for use by UK issuers of New York law governed debt securities who are subject to the requirements of article 55 ...
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