BAIL APPS:

GUIDE
ULaw Advocacy Series

Maria Liddiard
What is a Bail
Application?
What is a Bail Application?

• Application for Bail (to be ‘let free’ until trial)

• Made at first hearing in Magistrates’ Court
• Made on the papers available
• Options are remand on bail or remand in custody (remand)
• NOT a mini-trial (not concerned with whether D is guilty)

Is the presumption in favour of bail or custody?

The Presumption in Favour of Bail?

Yes, for anyone who:

• Is in CC/Mags in course of proceedings (between first

hearing and end of trial);
• Has been convicted but proceedings have been
adjourned for PSR; or
• Is brought before court due to breach of community
order.
The Presumption in Favour of Bail?

No, for anyone who is charged with:

• Murder
• Attempted Murder
• Manslaughter
• Rape
• Other specified offences under the Sexual Offences
Act 2003
The Presumption in Favour of Bail?

Even where the presumption exists,

The Court need not grant bail where there are substantial
grounds to believe that:

• D will fail to surrender to custody

• D may commit an offence whilst on bail
• D may interfere with witnesses or the course of justice

→ These are the grounds relied on by the prosecutor

E.g. CASE
R v Hunter
Instructions from Solicitors:
Counsel is instructed to make a Bail Application on behalf of Mr Hunter (DOB
14/10/1988) in the proceedings against him. Mr Hunter is charged with Burglary. It is
alleged that on 11 January 2021, Mr Hunter entered the home of Mr Cranwell, as a
trespasser, with intent to steal (contrary to Section 9 Theft Act 1968).
The police attended the Cranwell House, on Mace Street, on the night of the 11th
January, after they noticed a burglar alarm became activated whilst they were in the
area. Upon arriving at the property, they noticed the front door had been forced open,
probably with a screwdriver. They heard a window smash and concluded that the
suspect was escaping.

One police officer saw a hooded figure run out the rear of the property and turn right
down Berkley Road. The police officers got back in their car and went round the back
of the property onto Berkley Road. They immediately saw a man running in the
opposite direction of the house. They stopped him, identified him as Mr Hunter, and
arrested him. They then saw a screwdriver on the floor behind Mr Hunter, and
concluded that this was used to force the door open.
Mr Hunter denies the allegation, and told the police in interview that he was visiting
an ex-girlfriend who happens to live on Berkley Road. He explained that he was
running from her house to the train station in order to catch the last train home,
when he was stopped by the police. He denies possession of the screwdriver, and
has asked the police to conduct forensic tests on it in order to prove his innocence.

Mr Hunter appeared before the Crown Court on 25th January 2021 for preliminary
hearing, where he pleaded not guilty. A one-day trial is scheduled for July 2021.

Mr Hunter has 15 previous convictions from between 2002 and 2010. They are all
for Theft, Burglary and Shoplifting. He pleaded guilty at the first opportunity in all
cases.
Mr Hunter is willing to abide by any bail conditions imposed by the Court. Mr
Hunter's mother (Miss Caitlyn Gray) is willing for him to reside at her address
whilst on bail.

Mr Hunter has no personal funds with which to offer a surety. His maternal uncle
Mr Gray is willing to provide a security of £2,000. Mr Gray is a local plumber and
this sum represents his total savings. He has produced a bank statement to that
effect.
Before the hearing, Mr Hunter tells you:

I now technically live at 29a Abbeyville Road, Clapham with my mother but I have
been remanded into custody since I was arrested for this offence. At the time of
the offence I had been ‘sofa surfing’, resting my head wherever I was able to.

In the past I have always pleaded guilty to every offence I have been charged with,
mostly because I did not even remember the offences taking place. However, I am
maintaining my account in interview.

My father left home when I was aged 13 and after that happened I spent time with
my older brother who is currently in prison for conspiracy to burgle. Aged 14 I
started smoking cannabis and when I was in my late teens this progressed to
cocaine, heroin, and in my twenties any drugs that came my way.
Our mother washed her hands of both me and my older brother until very
recently when she moved back into London and made an effort to track me
down. As a result, I started to voluntarily address my drug addiction and attend
Drug Addicts Anonymous meetings. I have remained largely clean and this is
why I stopped offending in the last couple of years.

I was previously in a relationship with a female who is an ex-prostitute and is

also known to the police. She claimed that I was the father of her 3 year-old son
Joshua, but two weeks before this offence, I found out this was not true. I do not
want the details of this mentioned in open court and I have no intention of
restarting that relationship.
Helpful Facts
• There is a presumption in favour of bail!

• He disputes that he committed the offence

• Previous convictions were a long time ago
• He has attempted addressed root cause of those convictions
• He always pleaded guilty to those offences at the earliest
opportunity.
• He can reside at his mother’s house
• His uncle is willing to provide a surety
• He is willing to comply with any bail conditions imposed by
the Court.
Unhelpful Facts
• Offence is serious – would definitely go to prison if found
guilty.
• He has committed many previous offences of a similar
nature – who is to say that he won’t again?
• Strained relationship with his mother – might she kick
him out again?
• Unless he’s very close to his uncle, how does the surety
ensure he will not abscond?
Bail App:
STRUCTURE
1. Introduction
• Tell the Court what you want at the top;
• Outline presumption of bail – briefly;
• Highlight that Defendant denies the offence;
• If relevant: mention Defendant will comply with any condition imposed
2. Acknowledge + Rebut Prosecution’s Objections
• Interference with Witnesses?
• Failure to Surrender to Court? (Also known as ‘absconding’)
• Commit Further Offences whilst on Bail?
3. Deal with the Allegation
• Disputes offence: briefly set out Defendant’s version of events;
• If relevant: assert that Defendant wants to come to Court to prove their
innocence;
• If relevant: say Defendant unlikely to get custodial sentence.
4. Antecedents (Previous Convictions)
• Acknowledge any prior offences (+seriousness). Consider:
• Has there been a significant time difference?
• What has changed? What makes this time different?
• Have they ever interfered with witnesses or failed to surrender?
• Have they always pleaded not guilty at the first opportunity?
5. Consequences of Refusal to Grant Bail (Personal Mitigation)
• Would prolonged period in prison could undermine attempts to address
underlying cause of offending? E.g. drug addiction.
• Other disproportionate effects? Innocent third parties?
6. Conditions and Conclusion
• Suggest possible conditions which could be attached to Bail to alleviate
any remaining concerns of the Court, and if relevant highlight again that
will comply with any conditions deemed appropriate;
• Summarise effectively and succinctly.
Possible Conditions (Not Exhaustive)

Exclusion from a certain area/distance

Do not commit an offence or interfere
Residency
Make yourself available for any enquiries

CONDITIONAL
UNCONDITIONAL Surety
Curfew

Turn up to court on time, surrendering to the custody of the court

Surrender passport
Electronic monitoring (tagging) Reporting to police
In this case… possible conditions:

• Residence at mother’s address

• Curfew of 9PM (as offence happened at night)
• Not to enter Mace Street
• Reporting to police station weekly
Bail App:
TOP TIPS
1. Remember the Purpose of a Bail App
• Don’t evaluate facts/evidence/guilt of your client.
2. Be Realistic
• Don’t make out that the offence isn’t serious;
• Unless you’re sure, don’t say prison time is unlikely.
3. Be Confident
• Remember, the presumption is in your favour!
4. Get to the Point
• Clearly tell the judge what you want at the outset.
• The shorter, the better – leave out anything irrelevant.
5. Stay Structured and Clear
• Signposting: make sure the judge follows you
• Speak clearly, at appropriate pace and volume
6. Refer to Documents
• Previous Convictions, Witness Statements, Factual Summary
• Careful of confidentiality