Bail and Remands
If you have been charged with an offence, will you be released unconditionally or subject to bail or remand?…
What does this mean?
If you have been charged with an offence you will be released to await a decision on whether or not you will have to attend court.
Until then you will either be released unconditionally or subject to bail or remand.
What Are Bail Conditions?
If the police or court believe that one of the following applies to you, they can apply conditions to your bail:
- That you may not appear in court or at the police station.
- That you may commit further offences.
- That you may interfere with witnesses or in other ways obstruct your case.
What Will Happen to Me?
- You must keep to the terms of your bail conditions, which may include:
- Living in a place determined by the court or youth offending team worker.
- Meeting a youth offending team worker at set times.
- Reporting to a police station at set times.
- Not committing further offences or interfering with witnesses.
- Appearing in court at the designated time.
It is a criminal offence if you do not keep to any bail conditions. You can be arrested and charged with a breach of bail conditions.
The police or court may refuse bail and place you on remand if:
- You are accused or have been convicted of an offence while you were on bail.
- They feel you should be remanded for your own protection.
- You are already in custody.
- There has not been enough time for the court to get information that would enable them to make a bail decision.
- Your case has been adjourned for a report to be written and the court do not believe this can be done unless you are remanded.
- You are convicted of a serious offence.
- You have been previously convicted of a serious offence.
What Will Happen to Me If I Am Remanded
This will depend on what legal grounds apply to your case. You may be:
- Remanded to local authority
This means that where you live will be decided by the youth offending team and could be at home, in foster care, in supported lodgings or in a children's home.
- Remand to local authority secure accommodation
If the court feel that you are a risk to yourself or others or will run away from a place such as those above, they will make an order that you must live in a secure children's home.
- Remand to Custody
if you are a male and aged over 15 the court may place you in prison or a remand centre.
Wherever you are placed during your remand you will receive regular visits from a Youth Offending Team Worker who will give you support and consider whether to ask the court to bail you when you next appear. Your family and relatives can also visit you.
What Can I Do If I Disagree With The Police Or Court Decision
You will have to do whatever the court or police say but your position will be reconsidered at regular set times during the period of Bail or Remand.
You should ask your solicitor or barrister to request that your bail conditions be changed, or that you be bailed or released unconditionally.