Once an individual has been charged with an offence, a decision is made about whether they are released on bail or kept in custody.
For those kept in custody, a bail application can be made at any stage of the proceedings. An application form is completed and sent to the prosecution for their views and then submitted to the Court. The Court can either make a decision based on the paperwork alone or a hearing can take place where the full bail application is heard.
Bail can be granted with or without conditions.
If no conditions are necessary then bail is described as being ‘unconditional’.
For certain types of offences, bail conditions are deemed necessary by the court and often include one condition or a package of conditions. Some common examples of bail conditions include:
A requirement to live and sleep each night at a particular address.
Report to a location police station at regular intervals on specified dates and times.
A requirement to be present at their residence address during specified hours. This can be a doorstep requirement meaning a police officer can attend and ask the person to present themselves during their curfew hours. Or alternatively it can be electronically monitored – commonly referred to as a ‘tag’ and is an electronic bracelet placed around the ankle of the individual. It monitors when they are not present at their address during their curfew hours.
This condition prevents the individual from being in contact, directly or indirectly, with various people – often prosecution witnesses and co-defendants.
This prevents and individual from either leaving a designated area or entering into a designated area. Exceptions can be agreed that allow attendance in an area for pre-arranged medical or legal appointments.
Surrendering Travel Documents
Bail conditions may include surrendering passports or travel documents and a further condition not to apply for any additional travel documents.
Financial Condition of a Security or Surety
If the court is concerned that someone might disappear, they may require a financial payment or promise to pay to encourage an individual to remain and comply with bail conditions.
Prohibition of Certain Activities
Such having multiple mobile phones, telephone numbers being provided, not being allowed to attend certain events or locations or engage in specific activities.
Every case and individual are entirely different and thus the package of conditions that might be relevant for one person, may be entirely different for someone else.
Legal disclaimer: Articles are intended as an introduction to the topic and do not constitute legal advice. The information contained herein is accurate at the date of publication but please note that the law is ever changing and evolving. If you require advice in relation to any matter raised in this article please contact a member of the team.