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The Criminal Justice and Public Order Act 1994 [22] ensures that Bail can be granted by the police, when a suspect is released without charge, however the suspect is on a condition that he/she must reappear to the police station on a date specified by the police. Section 4 of the Criminal Justice Act 2003 [23] states that Police Officers can grant street bail for minor offences committed.

The Magistrates and Crown Courts also have the power and right to grant Bail.

There are two types of Bail:-

Conditional

Unconditional

Conditional

Conditional Bail is when the police or courts authorise bail for an offender, however this authorisation is made with limitations and requirements. These limitations are required to ensure that the offender:

Attends Courts when called upon

Does not re-offend

Does not interfere with witnesses

Common limitations and restrictions would include

The defendant would not be allowed within a certain distance of a witness's home

The defendant is subject to a curfew

The courts can also grant conditions that meet the defendants own protection, this is most likely granted in cases involving a child or young person.

Unconditional bail

Unconditional bail is granted when the police or courts believe that it is very unlikely that the defendant will re-offend, will attend court when required and will not interfere with the justice process. Therefore the bail is granted without limitations or restrictions.

If a defendant fails to abide by the bail conditions granted, or fails to attend court on the date stated by the courts, then the defendant is in breach of his/her bail. The defendant is most likely to be arrested and a withdrawal of the bail would be made. Failure to comply with Bail restrictions and limitations can also result in refusal of further Bail and the defendant will also be remanded in custody until further notice. It is also a criminal offence under Section 7 of the Bail Act 1976 [24] when a defendant fails to appear at court at the date and time required.

Refusal of Bail

There are many reasons as to why an offender may be refused bail. However the main reasons of refusal are due to the following:-

Courts believe that the defendant will fail to return to Court

Interfering with witnesses involved in the case

Likelihood of committing further offences is high as shown in case R. v Allen (David) Court of Appeal (Criminal Division) [25] where the appellant committed fraudulent crimes when on bail and was therefore arrested and brought back into custody

There are several factors that determine the above reasons. These factors are:-

Seriousness of the offence committed

How strong is the evidence?

Previous Convictions

Background of the defendant

Whether the defendant has breached bail requirements in the past

Whether there are any outstanding sentences

Whether the defendant has committed other offences

If the defendant is refused bail, he or she may wish to apply again in the second court hearing. An appeal can also be made to the Crown Court Judge