Bail in UK Law

Leading Cases
  • R v Jones (Robert) (No. 2)
    • Court of Appeal (Criminal Division)
    • 09 March 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 December 2005

    The seriousness of the offence and the severity of the penalty likely to be imposed on conviction may well, as pointed out at the beginning of this paragraph, provide grounds for refusing bail, but they do not do so of themselves, without more: they are factors relevant to the judgment whether, in all the circumstances, it is necessary to deprive the applicant of his liberty.

  • Stellato v Ministry of Justice
    • Court of Appeal (Civil Division)
    • 14 December 2010

    Turning to the effect of the orders of Hughes LJ, I consider that the answer is to be found in the nature of a grant of bail. In principle, a grant of bail is not an order for the detention of the person to whom it is granted. To the contrary, it is a grant of liberty to someone who would otherwise be detained.

  • B v The Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 06 May 2015

    The House of Lords held that the distinction between the existence and the exercise of the power to detain was material to the power to grant temporary admission to a person "liable to detention". There is no warrant for applying that distinction to the different question of whether there is a power to grant bail in respect of a person who may not lawfully be detained at the time when it is proposed to grant bail.

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

  • B (Algeria) v Secretary of State for the Home Department (No 2)
    • Supreme Court
    • 08 February 2018

    Paragraph 22 of Schedule 2 confers a power to release on bail in the case of three categories of person, namely a person detained under paragraph 16(1) pending examination, a person detained under paragraph 16(1A) pending completion of his examination or a decision on whether to cancel his leave to enter, and a person detained under paragraph 16(2) pending the giving of directions.

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

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Books & Journal Articles
  • Bail Information Schemes
    • No. 36-2, June 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 Hostels: Between Bail and Jail
    • No. 36-1, March 1989
    • Probation Journal
    The Home Secretary intends to fund 700 new bail hostel beds over the next three years, a dramatic addition to the 248 ex isting places. To promote debate and clearer policy objectives, Giles Payne,...
  • Birmingham Prison Bail Survey
    • No. 31-4, December 1984
    • Probation Journal
    An initiative to apply American experience of bail criteria to a sample of English remand prisoners shows that the majority had strong community ties which seemed insufficiently recognised in the d...
  • Bail Mail
    • No. 36-3, September 1989
    • Probation Journal
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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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