Source · Select Committees · Justice Committee
Recommendation 21
21
Deferred
Paragraph: 122
Engage with judiciary to establish a framework for consistent and effective bail conditions.
Recommendation
Conditional bail is a good alternative to remanding defendants to custody while also placing restrictions on the activity of an individual to help ensure they do not commit further crimes while on bail or abscond before their trial. However, there is no point applying bail conditions that are so onerous that it unrealistic that a defendant will be able to comply with them. We were struck by the lack of guidance on the use of bail conditions. When sentencing, judges and magistrates must apply sentencing guidelines to determine the appropriate sentence. A framework for bail conditions, with accompanying guidance, could improve the effectiveness and consistency of the use of conditional bail. The Government should engage with the judiciary on how to improve the consistency of bail conditions, for example, by introducing a framework of guidelines on bail conditions. Such a framework could also set out how these conditions can be monitored for compliance to ensure they provide an effective alternative to custodial remand.
Government Response Summary
The government partially accepted the recommendation but responded by detailing the Bail Information Service pilot and its planned rollout to all courts and prisons from Summer 2023, rather than addressing the specific suggestion of a framework of guidelines for bail conditions.
Paragraph Reference:
122
Government Response
Deferred
HM Government
Deferred
We partially accept this recommendation. The Bail Information Service (BIS) pilot is informing the development of plans to potentially implement a permanent future and proactive BIS in all courts and prisons in England and Wales. Qualitative research and an internal review by the Ministry of Justice in March 2022 of the findings of the proactive BIS pilot highlighted several benefits of the service including the provision of relevant, objective and verified information to the courts to enable them to make informed decisions relating to bail and custodial remand. The review also supported the continuation of the project which has enabled more quantitative data to be gathered, and our aim is to publish robust data in early 2024. Based on the current findings of the pilot, we are confident of the efficacy of the BIS in enabling the courts to make better informed and effective decisions relating to bail. We anticipate that a dedicated and proactive BIS could be rolled out to all courts and prisons from Summer 2023, subject to funding.