Home > yourrights > rights of victims and witnesses/your rights if you report a crime to the police > your rights if you report a crime to the police
> Bail
Bail
According to the National Standards of Witness Care in the Criminal Justice System if you have concerns about a suspect being granted bail or conditions of bail, and let the police know, they should pass this information onto the prosecution. You can either do this verbally or through a Victim Personal Statement. The prosecution should then take this into account in deciding whether to make an application for a remand to custody. They should also take account of any information from the police indicating that the defendant has a history of intimidating or otherwise interfering with witnesses.
If you have expressed concern about the defendant being granted bail or conditional bail and a defendant who was in custody is granted bail, the police should notify you as a matter of urgency, and in any event within 24 hours of receiving the information from the court.
In certain circumstances, the Crown Prosecution Service can appeal for the decision by the police or a court to grant bail or conditional release on bail to be reconsidered. They can do this if they made representations against bail being granted and the defendant was charged with, or had been convicted of, an offence punishable by a sentence of five years or more,(Criminal Justice Act 2003). Also, in more serious cases, if the prosecution subsequently has additional information which was not available at the time the decision was made they can ask for the decision on bail to be reconsidered (Criminal Justice and Public Order Act 1994 (as amended)). A court must give reasons for granting bail if the prosecutor has made representations to withhold bail and should give a record of this to the prosecutor if the prosecutor requests this (Criminal Justice and Police Act 2001).
In making decisions regarding bail, the courts will need to weigh up the right to liberty of a suspect against the rights of a victim/witness not to be further harmed or intimidated, which could breach their rights to freedom from inhumane and degrading treatment, private and family life or, in the worst case, right to life.
If you have expressed concern about the defendant being granted bail or conditional bail and a defendant who was in custody is granted bail, the police should notify you as a matter of urgency, and in any event within 24 hours of receiving the information from the court.
In certain circumstances, the Crown Prosecution Service can appeal for the decision by the police or a court to grant bail or conditional release on bail to be reconsidered. They can do this if they made representations against bail being granted and the defendant was charged with, or had been convicted of, an offence punishable by a sentence of five years or more,(Criminal Justice Act 2003). Also, in more serious cases, if the prosecution subsequently has additional information which was not available at the time the decision was made they can ask for the decision on bail to be reconsidered (Criminal Justice and Public Order Act 1994 (as amended)). A court must give reasons for granting bail if the prosecutor has made representations to withhold bail and should give a record of this to the prosecutor if the prosecutor requests this (Criminal Justice and Police Act 2001).
In making decisions regarding bail, the courts will need to weigh up the right to liberty of a suspect against the rights of a victim/witness not to be further harmed or intimidated, which could breach their rights to freedom from inhumane and degrading treatment, private and family life or, in the worst case, right to life.
