FLK2 · Criminal Practice

Bail

SQE1 revision notes — the key rules, leading cases and common traps for this topic, in plain English and current to 2026.

CRP.03 — Bail

Whether a defendant is released or remanded in custody between hearings. Governed by the Bail Act 1976.

The right to bail

s.4 Bail Act 1976: a defendant has a prima facie right to bail, which the court may refuse only on a ground made out under Schedule 1. The court needs no reason to grant; it needs a ground to refuse.

Grounds to refuse (imprisonable offences, Sch 1)

The court must have substantial grounds to believe the defendant would, if released:

fail to surrender, commit further offences, or interfere with witnesses / obstruct justice.

Factors weighed: the nature and seriousness of the offence, the defendant's character, antecedents and community ties, and their record on previous grants of bail.

Conditions (s.3)

Where the court has concerns short of refusal it may impose conditions — residence, reporting to a police station, a surety (a third party promises a sum if the defendant absconds), security (money/valuables lodged), curfew with electronic monitoring, or surrender of passport.

Special cases

Murder: only a Crown Court judge may grant bail. Magistrates have no power to grant or refuse bail for murder — they must transfer the question to the Crown Court, which must decide within 48 hours (s.115 Coroners and Justice Act 2009).
s.25 Criminal Justice and Public Order Act 1994: for the gravest repeat offences (e.g. murder, attempted murder, manslaughter, rape) where the defendant has a previous such conviction, bail is granted only in exceptional circumstances.

Renewed applications and appeals

The defendant may argue the full merits at the first hearing and one further application; after that, only on a change in circumstances (Sch 1 Part IIA).
Defence appeal against refusal — to the Crown Court under s.81 Senior Courts Act 1981.
Prosecution appeal against a grant of bail (imprisonable offences) — s.1 Bail (Amendment) Act 1993: oral notice at the hearing, confirmed in writing within 2 hours.

Common traps

The starting point is the right to bail (s.4) — a Sch 1 ground must be made out to refuse it.
For murder, magistrates cannot decide bail at all (s.115 CJA 2009) — the Crown Court does, within 48 hours.
The Sch 1 risk-of-harm condition (para 6ZA) is a separate gateway — do not state it as the general bail test.
Failing to surrender is itself a separate offence (s.6 Bail Act 1976).

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A woman is the treasurer of a small amateur football club. Members pay £20 each month in cash, which the woman is instructed by the club's rules to bank into the club's dedicated account within seven days. One month she receives £200 in subscriptions but, being short of money, uses the cash to pay her own gas bill. She intends to replace the £200 from her wages before anyone notices, and she does in fact pay an equivalent £200 into the club account two weeks later. The woman is charged with theft of the £200. Which of the following is the strongest basis for finding the property belonged to another at the time she used it?

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