How to make court bail applications


Published by a ÑÇÖÞÉ«ÇéÍø Corporate Crime expert
Practice notes

How to make court bail applications


Published by a ÑÇÖÞÉ«ÇéÍø Corporate Crime expert

Practice notes
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This Practice Note explains the procedure for making Bail applications in a magistrates’ court or Crown Court in England and Wales, as well as making applications to vary bail conditions in a magistrates’ court or Crown Court. For information on making applications relating to pre-charge bail, see Practice Note: Police bail.

The Criminal Procedure Rules

Part 14 of the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR) provides a comprehensive procedural code for bail applications, including applications to vary bail conditions.

Under CrimPR, SI 2020/759, r 14.5 the prosecutor has a duty to provide the court and the defendant with all the information in their possession which is material to what the court must decide.

A prosecutor who opposes bail is required to specify the exception to the general right to bail which they rely on and each consideration that they think is relevant.

CrimPR do not set out the format to be adopted at a bail hearing but, by convention and in practice, the prosecution will outline its objections to bail first and the defence will

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Bail definition
What does Bail mean?

Bail is the right to be released from custody before the case is concluded, or sentence is passed, assuming there is no risk of absconding or committing further offences while on bail or attempting to interfere with witnesses or otherwise pervert the course of justice.

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