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Rape and Sexual Offences:         Chapter 12: Bail

Contents:

Bail

  • Early consultation between the Police and CPS in rape cases allows prosecutors and investigators to agree potential charges and the evidence required to support them. In the absence of a clear need for a remand in custody, the suspect should be bailed whilst the investigation continues.
  • However, especially (though not exclusively) in cases of domestic violence victims of rape or sexual crime may be afraid of what may happen once a defendant is charged. To protect victims and witnesses from any increased risk of, violence, threats or repeat offences, the CPS may ask the court to impose conditions on the defendant's bail or apply for the defendant to be remanded in custody.
  • Prosecutors need to be proactive to make sure that every effort is made to protect vulnerable victims or witnesses by seeking confirmation of, or further information about, any views or concerns expressed by the victim or any witnesses.
  • A Victim Personal Statement is a useful vehicle for recording the effect the crime has had on the victim and their views about bail.. These must be taken into account when making recommendations to the court about bail.
  • It is also important that any changes to the bail conditions or custody status of a defendant are communicated to victims, either by the police or by the CPS in accordance with local arrangements. 

Restrictions on grant of bail:

  • Section 25 of the Criminal Justice and Public Order Act 1994 - bail can only in 'exceptional circumstances' be granted to defendants charged with rape/attempted rape, if they have previous convictions for any of rape, attempted rape, murder, attempted murder or manslaughter See Legal Guidance on Bail and Bail section on Domestic Violence

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