Bail — The Right to Liberty Pending Trial
Under the Bail Act 1976, there is a general presumption in favour of bail for all defendants. The court must grant bail unless it is satisfied that one or more of the grounds for withholding bail exists:
Bail conditions can be imposed to address specific concerns — a curfew, a residence requirement, an exclusion zone, a ban on contacting named individuals, or a reporting requirement (signing at a police station). Your solicitor challenges disproportionate conditions and proposes alternatives that address the court's concerns while minimising interference with your daily life.
Exception — s.25 Criminal Justice and Public Order Act 1994: For murder, attempted murder, manslaughter, rape, or attempted rape, bail may only be granted in exceptional circumstances if the defendant has a previous conviction for one of those offences.
Magistrates Court — How It Works
All criminal cases start in the magistrates court. What happens next depends on the category of offence:
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Summary-only offences
Tried exclusively in the magistrates court. Examples: common assault, most motoring offences, criminal damage under £5,000. Maximum sentence: 6 months per offence (up to 12 months for two or more either-way offences tried together). A district judge or bench of lay magistrates decides guilt; there is no jury.
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Either-way offences — allocation hearing
Offences like theft, ABH, and burglary can be tried in either court. At the allocation hearing, the magistrates decide whether to retain the case (if their sentencing powers are sufficient) or send it to the Crown Court. Even if magistrates retain the case, the defendant can elect Crown Court trial. Your solicitor advises whether the Crown Court option is in your interest — a jury can acquit where magistrates might convict, but Crown Court sentences are higher.
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Indictable-only offences — sent straight to Crown Court
Murder, rape, robbery, s.18 GBH, and other serious offences go directly to the Crown Court after a brief first appearance at the magistrates court. Bail is decided at this first appearance and again at the Crown Court.
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Committal for sentence
If a defendant pleads guilty to an either-way offence at the magistrates court but the magistrates consider their sentencing powers insufficient, they can commit the case to the Crown Court for sentencing under s.14 Sentencing Act 2020.
Crown Court Trial — What to Expect
Frequently Asked Questions
Can I apply for bail more than once?
Yes, but repeated applications in the magistrates court are restricted under s.154 Criminal Justice Act 1988 — the court need not hear a further application unless there has been a change in circumstances since the previous application. In the Crown Court, a fresh bail application can be made at any time. A "change in circumstances" can include new evidence, a change in the prosecution case, a new proposed surety, or a change in the defendant's personal circumstances.
Should I elect Crown Court trial or stay in the magistrates court?
This is a critical decision that depends on the strength of the prosecution's evidence, the nature of the charges, and whether the facts are likely to be more favourably assessed by a jury or magistrates. Crown Court juries can be more sympathetic to defendants in certain cases, but Crown Court sentences are generally higher than magistrates court sentences for the same offence. Your solicitor advises based on the full picture of the evidence and your personal circumstances.
What is a surety and how does it help with bail?
A surety is a person who agrees to pay a sum of money to the court if the defendant fails to appear. The court assesses the surety's financial means and their relationship to the defendant. A credible surety (often a family member or employer) of appropriate means significantly strengthens a bail application. Your solicitor prepares the surety to give evidence at the bail hearing and advises on appropriate proposed amounts.
Does a guilty plea always reduce my sentence?
Yes, but the reduction depends on when the plea is entered. Under the Sentencing Council's reduction in sentence for a guilty plea guideline: a guilty plea at the first stage of proceedings earns a one-third reduction; entered later, the reduction tapers to a maximum of one quarter, then one tenth at the start of trial. The reduction applies to the custodial term, fine, and community order length. It does not apply to mandatory minimum sentences or minimum disqualification periods.
Can I get criminal legal aid?
Criminal legal aid (the Representation Order) is available in the Crown Court and, for magistrates court cases, where it is in the interests of justice and the defendant passes a means test. The interests of justice test considers factors including: risk of custody, complexity of the case, and the defendant's ability to follow proceedings. Many defendants charged with imprisonable offences qualify. Your solicitor applies for the Representation Order on your behalf.