What does being released on bail mean?Asked by: Foster Stark Sr. | Last update: September 14, 2022
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Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries, especially the United States, bail usually implies a bail bond, a deposit of money or some form of property to the court by the suspect in return for the release from pre-trial detention.
What does it mean to get out on bail?
Released from custody on the basis of bail being posted, as in The lawyer promised to get him out on bail. This expression alludes to a payment made to the court as surety that the accused will appear for trial.
How long can you be on bail for without being charged UK?
Understanding Police Bail
The initial bail period is 28 days but can be extended up to 3 months by a Superintendent. If the Police wish to have bail extended further this will have to be done through the Magistrates' Court. Whilst breaching police bail is not an offence in itself, it can lead to you being arrested.
What does being on bail mean in the UK?
When you're waiting for a court hearing or a trial, you might be given bail. This means you can be released from custody until the hearing or the trial.
Does released on bail mean you have been charged?
If you are released on bail or 'under investigation' it means that the police are not yet ready to make a charging decision on your case, but that the police investigation remains active and you are still a suspect.
What can (and can't) you do while you're on bail? [Criminal law explainer]
Can you be released on bail without being charged?
Importantly, it also provided that, generally, the police can only release a person on bail without charge (rather than releasing them without bail, i.e., without any restrictions) if a release on bail is 'necessary and proportionate in all the circumstances', and only on the authority of a police officer of the rank ...
What happens on bail date?
It involves release from police custody to await a later appearance at court or a police station. Your case can be dropped while you're on bail. If you are bailed without charge, called 'pre-charge bail' this means that you will have to appear at a police station at a later date.
How do the police decide to charge?
The decision to charge any person with an offence is usually taken by the CPS. If the CPS decides there is sufficient evidence to charge you with an offence then you will be taken before a custody sergeant who will read out the alleged offence to you.
How long does it take for the CPS to decide to prosecute?
The CPS will usually conclude their review within 30 working days of the request, but in some complex cases, this could take longer. If the victim is not satisfied with the CPS' review decision, they can lodge an application at court for a judicial review, to challenge the decision.
Does bail mean you are innocent?
Court bail covers the period from the the suspect's first appearance in the magistrates' court to the date the defendant is sentenced for the crime, found not guilty or if the case is thrown out. Both the suspect and prosecutors can apply for bail conditions to be changed during the case.
Do you get bail money back if guilty?
In the event the suspect fails to return to court, the bail will be forfeited. It will only be returned if the suspect was able to comply with the required appearances. Regardless of whether the person is found guilty or not guilty, the bail money will be returned at the end of the trial.
What is the purpose of bail?
Bail is the amount of money defendants must post to be released from custody until their trial. Bail is not a fine. It is not supposed to be used as punishment. The purpose of bail is simply to ensure that defendants will appear for trial and all pretrial hearings for which they must be present.
What evidence do CPS need to charge?
The evidence they gather includes documentary, physical, photographic and other forensic evidence and not just witness testimony. The police arrest and interview suspects. All of this produces a file which when complete the police send to the Crown Prosecution Service (CPS) for review and a decision on prosecuting.
What happens when the CPS decide to charge?
If the CPS decides to proceed, the abuser will initially be taken to a Magistrates' Court, after which (depending on the seriousness of the charge) he will either be remanded in custody or released on bail.
Can CPS drop charges?
Getting the CPS to drop charges against you will primarily rely on being able to point out holes in the case against you. If the evidence they present is not strong enough, or can be easily dismissed, it is much more likely that they will choose to offer no evidence or discontinue the charges.
Do First time offenders go to jail UK?
Graph 1 below undermines the notion that a large number of people are sent to prison early in their criminal career. In fact, fewer than 8% of prison sentences were imposed on first-time offenders.
What is evidence before charge?
Pre charge evidence is the evidence which is taken by the Magistrate from the complainant before the framing of charges under Section 244 of the Code of Criminal Procedure, 1973. Proper examination of all the evidence and witnesses is to be done by the magistrate.
What crimes carry a 5 year sentence UK?
- seven years' imprisonment for a third Class A drug trafficking offence.
- three years for a third domestic burglary.
- five years for certain firearms offences.
Why do I have to go back to police station after bail?
If you fail to return to the Police Station on the bail date you will commit a criminal offence which can be punishable by imprisonment. This will also affect your ability to obtain bial in the future. If you breach any of the bail conditions imposed you can be arrested and taken to the police station .
What does bail mean in jail?
Bail is a sum of money paid to the court or to the police. When the court case is over, the bail money is paid back even if the accused is found guilty.
Can you be released under investigation after bail?
People suspected of a crime may now be “released under investigation” instead of being given a bail date to return to the police station. This means you have been released from custody without charge and no obligation to return on bail to the police station for the offence for which you were questioned for.
What is bail and how does it work?
Bail is when a person enters a written bond, also known as recognisance, committing to appear before the court to answer the charges made against them. Bail is based on the principal that the accused is presumed innocent until proven guilty. A person may be required to lodge money as part of their bail.
How long can police hold your phone?
If the police do find evidence on your phone, they will likely keep it until the conclusion of any trial that may take place – this can take months or even years depending on the circumstances.
What are bail conditions?
Bail conditions can include any of the following: Residence (living at a certain address. Doorstep condition. Curfew (having to be at the place they are living between certain times) Electronic monitoring (having to wear a tag – can only be imposed on those 12 or over for an imprisonable offence)
Can bail conditions be dropped?
Where you do not agree with the conditions that have been set by the Magistrates' Court, it is possible to ask them to reconsider. If the Magistrates' Court has reconsidered and you are still not happy with your bail conditions, you can apply to the Crown Court to request that certain conditions are changed.