Can I Apply For Bail?
Any person charged with the commission of an offence can apply for bail.
Bail means you will be released from police or court custody on the condition that you promise to appear in court on certain days and at certain times.
In some cases you may need another person to be a guarantor for you. A guarantor is a person (usually a relative or friend) who promises to pay an amount of money, called a ‘guarantee’ or ‘surety’, if you do not appear in court next time you have to.
The court may impose other conditions to your bail agreement that they think may be necessary. These often include a curfew, or a condition that you report to your local police station once (or more) a week or that you don’t contact certain people.
When Can I Apply For Bail?
It is up to the police whether you are given bail immediately. If you are not given bail immediately, the police must take you to court as soon as possible. If it is evening or the weekend you will go to court in the morning of the next business day where you will be able to make an application for bail.
Will I Get Bail?
When granting bail the sort of things police and courts consider are:
- the likelihood of you not appearing in court
- your background-your family, job etc
- the seriousness of the charge
- the likelihood of committing further offences while out on bail (criminal records can be used for this).
What Should I Do If I Am Refused Bail?
If you are refused police bail contact our team after 8.00 am on the morning you are going to Court, so we can arrange a bail application to be made for you.
If you cannot make a telephone call tell police and the prison staff that you want someone from Lipson Chambers to appear for you. They will contact us and then we will come and see you and make a bail application on your behalf.
If you are refused court bail it is possible to appeal to the Supreme Court but the success of the appeal will depend upon a number of factors. It doesn’t matter if someone from our team didn’t represent you when your first applied for bail, we can still represent you on the appeal.
What Happens If I Don’t Comply With My Bail Conditions?
If released on bail – failing to comply with your bail agreement is an offence.
If suspected of breaching bail police have the right to arrest you.
If you are arrested for breaching your bail you may re-apply for bail, but the chances of police or the court granting you bail for that offence are much lower.
Can I Vary My Bail Conditions?
Yes. If you are on police bail you need to attend at the police station where you were arrested and explain to the police why and how you want to vary your bail.
If you are on court bail, you will need to apply to the court to vary your bail. You will need to convince the court of why your bail should be varied in the way that you are seeking.
We help our clients obtain bail regularly. Obtaining bail is very important and by having someone from our experienced team appear you will greatly increases the likelihood of a court granting you bail.