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 AI-generated
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.
Summary of the government's response below — read the verbatim text to verify.
Paragraph Reference:
122
Government Response
Deferred
HM Government · verbatim extract
Deferred
We reject this recommendation. There is already comprehensive guidance in the Adult Court Bench Book on bail conditions and the circumstances in which those conditions may be imposed. For example, a residence condition or reporting to a police station may be given if there is a risk of absconding; electronically monitored exclusion zones or curfews or non-contact with a witness condition if there is a risk of further offences or interference with witnesses; surety or security to ensure attendance at court. Any other condition may be imposed provided it addresses one of the risks under the Bail Act, is in proportion to the risk and can realistically be enforced. Given the wide range of potential conditions and how case specific they will be it is difficult to imagine a framework that would provide information not available in the Adult Court Bench Book that would not risk complicating the process for all parties. Monitoring compliance with bail conditions is not a matter for the judiciary, but rests with whoever has responsibility for the conditions that have been imposed. For example, where an electronically monitored curfew has been imposed, the electronic monitoring provider would monitor compliance with the curfew.
Read the full response on Parliament ↗