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By a court
Rights
Under current law, a defendant has an absolute right to bail if the custody time limits have expired and otherwise ordinarily a right to bail unless there is sufficient reason not to grant it,
Any person accused of committing a crime is presumed innocent until proven guilty in a court of law. Therefore a person charged with a crime should not be denied freedom unless there is a good reason.
The main reasons for refusing bail are that the defendant is accused of an imprisonable offence and there are substantial grounds for believing that the defendant would:
Abscond
Commit further offences while on bail
Interfere with witnesses
The court should take into account the:
Nature and seriousness of the offence or default (and the probable method of dealing with the defendant for it)
Character, antecedents, associations and community ties of the defendant,
Defendant's bail record, and
Strength of the evidence
The court may also refuse bail:
For the defendant's own protection
Where the defendant is already serving a custodial sentence for another offence
Where the court is satisfied that it has not been practicable to obtain sufficient information
Where the defendant has already absconded in the present proceedings
Where the defendant has been convicted but the court is awaiting a pre-sentence report, other report or inquiry and it would be impracticable to complete the inquiries or make the report without keeping the defendant in custody
Where the defendant is charged with a non-imprisonable offence, has already been released on bail for the offence with which he is now accused, and has been arrested for absconding or breaching bail
Where the accused has previous convictions for certain homicide or sexual offences, the burden of proof is on the defendant to rebut a presumption against bail.
The Criminal Justice Act 2003 amended the Bail Act 1976 restricting the right to bail for adults who tested positive for a Class A drug and refused to be assessed or refused to participate in recommended treatment,
Where a defendant is charged with treason, bail may only be granted by a High Court judge or by the Secretary of State.[8] Section 115 of the Coroners and Justice Act 2009 prohibits magistrates' courts from granting bail in murder cases.
Conditions
Conditions may be applied to the grant of bail, such as living at a particular address or having someone act as surety, if the court considers that this is necessary:
To prevent the defendant absconding
To prevent the defendant committing further offences while on bail
To prevent the defendant interfering with witnesses
For the defendant's own protection (or if he is a child or young person, for his own welfare or in his own interests)[5]