Source · Select Committees · Justice Committee
Recommendation 5
5
Rejected
Paragraph: 37
Application of Bail Act 1976 becoming increasingly risk-averse, warranting investigation
Conclusion
We have not identified significant issues with the legal framework set out in the Bail Act 1976 but have heard repeatedly that the application of the framework is becoming increasingly risk-averse when it comes to rebutting the presumption of bail. We believe this merits further investigation, and so recommend that the Government commissions an independent review into whether the application of the Bail Act 1976 is still operating as intended.
Government Response Summary
The government rejected the recommendation, stating that numerous safeguards and a clear legal framework already exist for pre-trial detention and bail decisions, and it has no intention to review the Bail Act 1976 at this time.
Paragraph Reference:
37
Government Response
Rejected
HM Government
Rejected
We reject this recommendation. Pre-trial detention is never considered lightly, and numerous safeguards exist to ensure that custody is used appropriately in these cases. These include the use of Custody Time Limits (CTLs) which are the maximum amount of time that a defendant can be held in custody pre-trial (currently 56 days for a Magistrates’ Court trial or 182 days for a Crown Court trial). The CTLs are set out in The Prosecution of Offences (Custody Time Limits) Regulations 1987. Decisions to remand a defendant in custody ahead of their trial are taken by the judiciary. The legal framework for custody time limits is clear and effective. The Bail Act 1976 provides a presumption in favour of bail, which recognises that a person should not be deprived of their liberty unless necessary for the protection of the public or the delivery of justice. It is for the courts to decide, on a case-by-case basis, whether a defendant presents such a bail risk as to warrant custody before they have been convicted. Even if a defendant is remanded into custody pre-trial, they are still able to apply for release on bail. CTLs are not a target, nor do they indicate a mandatory amount of time that a defendant must be in custody before trial. Judges and magistrates already take into account the likely length of the custodial sentence that a defendant faces when deciding whether to grant bail when the defendant is first charged, or at subsequent CTL extension hearings. There is no intention to review the legal framework for custody time limits at this time.