Bail Application in UK Law

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

    There may be incidental questions of fact which the court may recognise that the Home Secretary is better placed to decide than itself, and the court will no doubt take such account of the Home Secretary's views as may seem proper. Ultimately, however, it must be for the court to decide what is the scope of the power of detention and whether it was lawfully exercised, those two questions being often inextricably interlinked.

  • R Mh v Sshd
    • Queen's Bench Division (Administrative Court)
    • 14 Octubre 2009

    In my view, although the court is the judge of whether reasonable grounds for detention existed at any particular point in time, it makes that assessment by reference to the circumstances as they presented themselves to the Secretary of State. Rule of law values indicate that the Secretary of State should be entitled to take advice and act in light of the circumstances known to him, without fear of being caught out by later circumstances of which he could have no knowledge.

  • Hurnam v State of Mauritius
    • Privy Council
    • 15 Diciembre 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.

    The reasoning of the Supreme Court in Noordally, Maloupe (save for the penultimate sentence), Labonne and Deelchand, all cited above, is consistent with the jurisprudence on the European Convention, which recognises that the right to personal liberty, although not absolute ( X v United Kingdom (Application No 8097/77, unreported, E Comm HR)), is nonetheless a right that is at the heart of all political systems that purport to abide by the rule of law and protects the individual against arbitrary detention ( Winterwerp v Netherlands (1979) 2 EHRR 387, para 37; Engel v Netherlands(No 1) (1976) 1 EHRR 647, para 58; Bozano v France (1986) 9 EHRR 297, para 54).

  • Amand v Secretary of State for Home Affairs and Another
    • House of Lords
    • 21 Julio 1942

  • R (Walumba Lumba and another) v Secretary of State for the Home Department
    • Queen's Bench Division (Administrative Court)
    • 19 Diciembre 2008

    But it is sufficient to show that Mr Mighty's case was reviewed on an individuated basis. It also shows that contact was maintained by the defendant with the Jamaican authorities with a view to securing removal. Ultimately, after an application on 18 September 2007, an interview was arranged with the Jamaican Embassy on 27 November 2007 to secure the necessary travel documentation. This position was thereafter maintained until eventually he was released on bail on 28 July 2008.

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Legislation
  • The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ... ... means(a) an appellant or respondent to proceedings;(b) a party to a bail application as provided for in rule 37(3) and 37(4) ; and(c) the UNHCR ... ...
  • The Criminal Procedure Rules 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... 1.1The duty of the participants in a criminal caserule 1.2The application by the court of the overriding objectiverule 1.3 ... (1) The overriding ... ) ensuring that appropriate information is available to the court when bail and sentence are considered; and(g) dealing with the case in ways that ... ...
  • Immigration Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ... ... committed in relation to—(i) an order which was made on the application of the Gangmasters and Labour Abuse Authority, or(ii) an order which was ... or remain in the United Kingdom.(9) Where a person is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act ... ...
  • Serious Crime Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... (a) the Court of Appeal believes that an application under section 50 ... is to be made by the prosecutor for the appointment ... (4) applies if a person remanded under this paragraph is granted bail under paragraphs 10 to 14 ... (4) The person may be required by the ... ...
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Books & Journal Articles
  • Remanding Women in Custody: Concerns for Human Rights
    • No. 70-3, May 2007
    • The Modern Law Review
    Concern about the increasing population of women in prison has tended to focus on the sentencing of female offenders. It is often overlooked that about one in five women held in custody is there on...
    ... ... that wom en are particularly disadvantag ed by the laws go verning bail and by their practical application in the criminal justice system; and ... ...
  • Bail Mail
    • No. 36-3, September 1989
    • Probation Journal
    ... ... Thirdly,  the assumption that no ... the suggestion of a similar Probation- ... bail application will be made if data is ... based exercise does not fill me  ... not provided by the Bail Information ... ...
  • Bail Schemes: The Failure of Reformism
    • No. 36-2, June 1989
    • Probation Journal
    By participating in bail schemes, probation officers collude in the denial of rights to uncon victed defendants, provide inappropriate advocacy and delay action on the real issues of pre-trial crim...
    ... ... out prejudice - no prejudice except that ... Everyone  knows where the  problem ... no-one  makes  a  bail  application  for ... lies with bail:  it lies with the judiciary ... them! When all the information is gath- ... ...
  • STATUTES
    • No. 40-5, September 1977
    • The Modern Law Review
    ... ... STATUTES BAIL ACT 1976 A Home Office Working Party was appointed in 1971 ... question of bail, even in the absence of an application by the accused. Moreover, its adoption will necessarily ... ...
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Law Firm Commentaries
  • Coronavirus In Prisons: Should Inmates Be Released To Stop The Spread?
    • Mondaq UK
    ... ... that any inmates were to be granted temporary / early release or bail on the grounds of the virus. It was well publicised that a court refused a bail application from Julian Assange, the WikiLeaks founder who is residing in HMP ... ...
  • The Case of Matthew Raveneau
    • Mondaq United Kingdom
    ... ... on the 26th or 27th November 2002, four days after being released on bail from Belmarsh Prison ... The deceased's mental health had ... As a result of a bail application the deceased was released to his family (although not to his partner and ... ...
  • Banking and finance regulatory news, August 2020 #3
    • JD Supra United Kingdom
    COVID-19: PRA suspends guidance levels on fixed rate lending limits for non-systemic building societies - On 11 August 2020, the UK Prudential Regulation Authority (PRA) published a letter (date...
    ... ... SRB operational guidance on bail-in playbooks and materials on bail-in data set ... Access to EU basic ... to help banks ensure the required preparation for bail-in application during the resolution planning phase and to fulfil the SRB Expectations ... ...
  • UK Financial Regulatory Developments - February 2016 #10
    • JD Supra United Kingdom
    EBA publishes MCD passporting compliance table - EBA has published a table noting the compliance status of Member States in relation to EBA’s guidelines on passport notifications for credit in...
    ... ... Commission publishes bail-in exceptions ... The Commission has published a Delegated Regulation ... resolution authority considers excluding a liability from the application of the bail-in tool, under any of the circumstances provided for under the ... ...
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Forms
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