Bail and murder consultation
17 June 2008
It examines the issues surrounding the grant of bail and the possible options available for recalibrating the law or procedures to provide a greater emphasis on public safety.
The paper looks at the 'presumption of bail' and its application to those charged with murder. It asks for opinions on whether any change is necessary and, if so, whether the statutory test should be amended or a change made to the particular risks considered by the courts in deciding whether to grant bail. Views are also requested on whether hearings following alleged breaches of bail by defendants charged with murder should be heard in the Crown Court where the judge so directs, rather than in a magistrates' court as at present.
Some of the matters under consideration are also relevant where defendants are facing charges less serious than murder. These include the role of the CPS in making representations against the grant of bail once a defendant has been convicted and the relevance of the likely sentence when a court is considering bail. Also discussed are the monitoring of bail conditions, the imposition of conditions that must be met by other agencies before a defendant is released, and the provision of feedback to courts.
The consultation closes on 12 September 2008. You can download the document by clicking on the link to the right of this page. For printed copies, please email bailconsultation@cjs.gsi.gov.uk