Bail Application in UK Law

Leading Cases
  • 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.

  • R (Vickers) v West London Magistrates Court
    • Queen's Bench Division (Administrative Court)
    • 11 July 2003

    There is no dispute between the parties that section 7(5), in effect, involves a two-stage operation to be carried out by the justices. First a decision must be made as to whether or not there has been a breach of a condition. If there has been no breach of a condition then the bailed person is entitled to be admitted to bail on precisely the same conditions —in other words, bail continues.

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

    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).

  • R Mh v Sshd
    • Court of Appeal (Civil Division)
    • 14 October 2010

    There can, however, be a realistic prospect of removal without it being possible to specify or predict the date by which, or period within which, removal can reasonably be expected to occur and without any certainty that removal will occur at all. There must be a sufficient prospect of removal to warrant continued detention when account is taken of all other relevant factors.

  • R v Hayward, R v Jones (Anthony), R v Purvis
    • Court of Appeal (Criminal Division)
    • 31 January 2001

    This appellant, as it seems to us, had, clearly and expressly by his conduct, waived his right to be present and to be legally represented.

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

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Legislation
  • The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014
    • UK Non-devolved
    • January 01, 2014
    ...... Introduction . S-1 . Citation, commencement, application and interpretation Citation, commencement, application and interpretation ... (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 ......
  • Immigration Act 2016
    • UK Non-devolved
    • January 01, 2016
    ...... . (i) an order which was made on the application of the Gangmasters and Labour Abuse Authority, or. . . (ii) an order ... . . (9) Where a person is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act ......
  • Policing and Crime Act 2017
    • UK Non-devolved
    • January 01, 2017
    ...... Police Chiefs’ Council; to make provision about the system for bail after arrest but before charge; to make provision about the retention of .... (6) In the application of this section to a local policing body, references to the efficiency or ......
  • Legal Aid, Sentencing and Punishment of Offenders Act 2012
    • UK Non-devolved
    • January 01, 2012
    ...... about the collection of fines and other sums; to make provision about bail and about remand otherwise than on bail; to make provision about the ... connection with services made available under this Part or an application for such services,. . . (i) the conduct of the individual in connection ......
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Books & Journal Articles
  • Remanding Women in Custody: Concerns for Human Rights
    • Nbr. 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
    • Nbr. 36-3, September 1989
    • Probation Journal
    ......Education during the past ten years and. 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 . with en-. not provided by the Bail Information. ......
  • Bail Schemes: The Failure of Reformism
    • Nbr. 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-. ......
  • Assessing the Grant of Bail in Light of a Presumption Against Bail: HKSAR v Lai Chee Ying [2021] HKCFA 3
    • Nbr. 85-4, August 2021
    • Journal of Criminal Law, The
    ...... Enclave Within China? Analysis of the Hong Kong National Security Law’ [2021] PL 271, 272), however, introduced new dynamics to the application for court bail in Hong Kong. Article 42(2) of the NSL (‘NSL 42(2)’) reads: No bail shall be granted to a [defendant] unless the judge has ......
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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 deteriorated during ... . 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 lett...
    ...... SRB operational guidance on bail-in playbooks and materials on bail-in data set. Access to EU basic bank ... 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 notificatio...
    ......  . 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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