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 AI-generated
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.
Summary of the government's response below — read the verbatim text to verify.
Paragraph Reference:
37
Government Response
Rejected
HM Government · verbatim extract
Rejected
We partially accept this recommendation. As part of the Government’s ongoing work to effectively manage the prison remand population, we are already working with the judiciary in considering the operation of the Bail Act 1976 and how it is applied in practice. We also note that the Committee did not identify any significant problems with the remand legal framework in the Bail Act 1976. The Government therefore does not consider it necessary for there to be a further additional review of the application of the Bail Act at this time.
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