Recommendation 21

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.