A consultation on the CPS policy for prosecuting cases of domestic violence - Consultation paper
CPS policy for prosecuting cases of domestic violence
Annex B - Bail
Bail
A court can remand a defendant in custody or grant bail, with or without conditions attached. Before the first court hearing, the police can also retain a defendant in custody or grant bail, with or without conditions attached, but their powers to do so are more limited than the court's. Conditions can only be imposed to ensure that the defendant attends the next court hearing, commits no new offences in the meantime, and does not interfere with any witnesses or obstruct the course of justice.
Examples of bail conditions imposed by courts
A court can impose any condition that seems appropriate in the circumstances of the particular case. Here are some examples of typical bail conditions imposed by courts:
- the defendant must not contact, either directly or indirectly, a named person or persons, for example the victim and any children
This means no contact whatsoever, including by telephone, text, email, fax or letter or through another person, e.g. the defendant cannot get a relative to make contact on his behalf.
- the defendant must not go to a named place, for example the victim's place of work, shopping area or children's school
This is usually a specific address, but may also be a street, a town, an area or even a whole county. It can include schools, doctors' surgeries, and addresses of family and friends. Sometimes the court will say that the defendant must not go within a specified distance of a place, e.g. within half a mile of Victoria Road. Sometimes, for practical reasons, there are exceptions attached to the condition, for example, the defendant must not go to a named place except:
- to attend court;
- to see a solicitor by prior appointment;
- once to collect personal belongings at an appointed time and accompanied by a police officer or other specified person;
- to see the children, under supervision, at a specified time (the Family Court will usually be involved in assessing and making such arrangements).
- the defendant must reside at a named address
This means live and sleep each night there.
- the defendant must report to a named police station on a given day or days at a given time
For example, every weekday morning between 8.30am and 10.00am.
- the defendant must abide by a curfew between certain specified hours
This means remain indoors, for example, from 9pm until 8am.
- the defendant must provide a security to the court
If it is thought that the defendant might not attend the next court hearing, the court can order that a set sum of money be paid into the court. If the defendant does fail to attend the next hearing then the money can be forfeited.
- the defendant must provide a surety
A friend or relative must agree to ensure that the defendant attends court, or the friend or relative could lose a specified sum of money.
- the defendant must wear an electronic tag
This condition is only available for adults or children who have reached the age of twelve years and are charged with or have been convicted of a violent or sexual offence. The tagging should ensure that any breaches are recorded and monitored by a security company who will then notify the police immediately. Breaches may result in arrest and the possibility of a remand into custody.
Breaching bail conditions
If the defendant breaches bail conditions, the police can arrest the defendant and the court can remand the defendant in custody.
Sometimes, despite bail conditions that say, for example, a defendant cannot contact the victim or return home, the victim contacts the defendant or invites or allows the defendant to return home.
There are all kinds of reasons why victims sometimes do this, but if the defendant responds in such a way as to continue the contact, then the defendant is breaching bail conditions because the police or the court have not released the defendant from the conditions of bail they imposed.
It does not matter that the victim has agreed to or initiated the contact; the victim is not subject to the bail conditions, the defendant is. The defendant is responsible for complying with any conditions imposed by the police or the court until released from those conditions by the police or court.
In addition to the breach of bail, new offences may also have been committed for which the defendant may be prosecuted.
