Detailed Explanation of Bail Types and Conditions in Criminal Justice

This report provides a comprehensive overview of the two main types of bail within the UK criminal justice system: Police Bail and Court Bail. It begins by defining bail and its role in the criminal justice process, emphasizing its function in releasing a person charged with an offense under certain conditions. The report then details Police Bail, explaining the process from arrest to release, the conditions imposed by custody officers, and the role of the Bail Act 1976 and PACE 1984. It also covers the consequences of breaching bail conditions. The second section focuses on Court Bail, outlining the 'qualified right' to bail as per the Bail Act 1976, its limitations, and the circumstances under which bail can be refused. The report also touches upon bail pleas in the High Court. The report is a good resource for students to understand the bail process and its legal framework.

CRIMINAL JUSTICE
PROCESS

Table of Contents
INTRODUCTION ..........................................................................................................................3
TASK ..............................................................................................................................................3
Identify and explain the two types of Bail, including a description of the conditions for their
use...............................................................................................................................................3
Police Bail..............................................................................................................................4
Court Bail ..............................................................................................................................5
Bail Plea in High Court..........................................................................................................5
CONCLUSION ...............................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
UK Criminal Justice System is an association of several bodies which collectively functions
with a purpose to deliver justice. This system comprises of Police administration, Prosecution
agencies, Courts, jail administration and other Ministerial and miscellaneous agencies which are
established by various legislation made enforce for the protection of its people and to prevent
crimes by imposing sentences,punishments,penalties and fines upon the offender (Malik and
Kumar, 2020) . It also infuses fear in the minds of general public of its deterrence if crime is
committed. Criminal Justice System are the rules of the society which are enforced with
resolute firmness. The purpose behind the developing criminal law is to ensure public safety,
render justice and to take punitive action against the offender.
TASK
Identify and explain the two types of Bail, including a description of the conditions for their
use.
The concept of bail was first discovered by the circuit courts in Britain back in the
medieval period. Bail is a popular term in a public domain contained in a book of law which
governs the criminal justice system which means to set a person free from imprisonment upon
certain conditions. In general bail is the process of releasing of a person who is charged with an
offence which is likely to cause him arrest by the police and keep for remand. In such a case
arrested person can use his bail rights which gives him option of conditional release for an
amount to be kept as a security for release(Pycroft, 2019) . The security is kept for the purpose of
requiring his presence in future before the court when the trial proceeds.
Section 1 of the Bail Act 1976. defines the meaning of bail in criminal proceedings as:
 bail to a person who is charged with an offence and convicted;or
 bail to a person who is under custody of the police or to a person whose arrest warrant
has been issued;or
 bail in extradition proceedings.

Other Acts which complements the Bail Act 1976 are the Bail (Amendment) Act 1993(B(A)A)
the Police and Criminal Evidence Act 1984 (PACE 1984) and the Senior Courts Act
1981(SCA 1981)
Bail can be classified into two distinct categories:
 Police Bail; and
 Court Bail
Police Bail
Whenever a person is arrested and put into police station ,the officer in charge of
custody charged that person with an offence so committed and depending upon the nature of the
offence the officer may either detain the person for questioning or may release him with or
without bail . If a person is released on bail then security will be imposed on him as a condition
for bail. Where the custody officer has a reason to believe that it is incumbent to release the
arrested person in respect of bail conditions which has been complied with then the person will
be released on bail. Provided that the authority to release arrested person on bail is by the officer
not below the rank of inspector.
Where a person released on bail upon a conditions imposed by the custody officer , the custody
officer may add or remove any condition as empowered under PACE 1984. Considering the
charges the person either released on bail or without bail if their first hearing is pending in the
court, except if the grounds of bail is refused by the court.
As soon as bail imposed the officer in charge of custody issue a bail return date which is to be in
connection with applicable bail period(ABP) of 28 days which can be extended further for 2
months before it has expired. In a heinous offence the ABP shall be for three months and it can
be extended to 6 months.
Provided that whenever a person released on bail subject to bail conditions, they are required to
present and surrender on a given date, time and place. If person fails to comply with the
conditions then an arrest warrant shall be issued against the person. On breach of bail conditions
or there is a reason to believe that conditions have been breached then person released can be
arrested (Hackman, Raitt and Black, 2019) . Where arrest of person is made , such person shall
be taken to the police station and the provisions of bails starts from the point person enters into

the police station. Where a person asked to attend the police station and he fails to do so then he
shall be liable for separate offence of absconding which is mention under section BA 1976.
Court Bail
As per Section 4 of Bail Act 1976 mentions a right to bail which in other words termed as 'a
qualified right' which says bail to person who appears before a magistrates court or crown court.
If a person appears before the courts of magistrates with the view to apply for the bail , the
presumption stands before the courts in approval of bail under Bail Act 1976 (Hucklesby, 2018).
further this right to bail limited to certain cases , it dose not extend to cases charged with
offences provided in Criminal Justice and Public Order Act 1994 offences of heinous nature
such as murder, rape etc. bail in this types of offences is granted in very rare circumstances, the
burden is on the prosecution to satisfy the court that why should the bail not be granted , if
prosecution dose not have the strong reasons to be made the bail may be granted in favour of the
accused.
Bail can be refused where there is a reason that the accused person might not comply with the
bail conditions and put the accused at risk if fails to appear before the court or he commits
offence while released on bail or if he gives any threat to witnesses. The provisions for refusing
bail are mentioned under Bail Act 1976 (Scurichand and Krauss, 2020).
Bail Plea in High Court
High court is also empowered to grant bail to the accused,if bail application of accused is
rejected in the lower courts . The High Court is empowered under Criminal Justice Act 1976 ,
application for bail in High Courts are to be made before the judge. The judge may accept or
reject the application depend on judge's discretion or on the nature of the case(Johnston
andSmith,2020). In exceptional situations rejection of bail may be challenged in judicial review.

CONCLUSION
The above study concludes that the bail rights are entirely subject to the law. Although it
is the right of every person not to deprive from his fundamentals rights and freedoms. If a person
is arrested and kept in jail for any offence he either released with warning or fine or if the
offence is of serious nature he might be released subject to certain conditions and such
conditional release is called bail. Here the concept of bail suggest the right of person to release
when apprehend by the police authority. Bail provisions functions as security pledged by the
accused person by which he becomes eligible for conditional release from the custody of the
officer for temporary period with the object to compel his presence when required or demanded
by the police or the court. The bail procedure remain in action till the trial of the accused is not
decided once it is decided the accused either released or detain.

REFERENCES
Books and Journals
Hackman, S.L., Raitt, F. and Black, S. eds., 2019. The Expert Witness, Forensic Science, and the
Criminal Justice Systems of the UK. CRC Press.
Hucklesby, A., 2018. A complicated business: The operational realities of privatised electronic
monitoring of offenders. In The private sector and criminal justice (pp. 223-258).
Palgrave Macmillan, London.
Johnston, E. and Smith, T. eds., 2020. The Law of Disclosure: A Perennial Problem in Criminal
Justice. Routledge.
Malik, L. and Kumar, S., 2020. Personal Liberty vs. Societal Interest: The State of Bail
Jurisprudence in India. Taking Bail Seriously-The State of Bail Jurisprudence in India.
Pycroft, A., 2019. From a trained incapacity to professional resistance in criminal justice. Multi-
agency working in criminal justice: Theory, policy and practice, pp.25-40.
Scurich, N. and Krauss, D.A., 2020. Public’s views of risk assessment algorithms and pretrial
decision making. Psychology, Public Policy, and Law, 26(1), p.1.