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Bail
Being
granted bail means that a person who has been charged with
an offence is released from the Court. In some cases the person
may be released from a police station after having been charged
with an offence on what is known as a police undertaking to
appear in Court on a particular day.
An
accused person has the right to be granted bail unless there
are specific grounds for it being refused.
The
main reasons for refusal are as follows:
First, if there is a high risk that the accused person will
not appear at the hearing or is likely to commit an offence
while on bail. Second, if the accused is likely to constitute
a danger to the public. Third, if the accused has been charged
with a particularly serious offence, such as murder. Fourth,
if the accused person has been charged whilst he is already
on bail for other matters or has further court appearances
pending.
If
bail is granted, conditions will be imposed on the accused
person. The Standard conditions of bail are as follows:
1 That the accused appears at the appointed time at every
Court hearing relating to the offence with which he is charged.
2 That he does not commit an offence whilst on bail.
3 That he does not interfere with witnesses or otherwise obstruct
the course of justice whether in relation to himself or any
other person.
4 That he makes himself available for the purposes of enabling
enquiries or reports to be made to assist the Court in dealing
with him for the offence with which he is charged.
The
Court may impose any other conditions as it sees fit. An example
of this may be a condition for the accused person to keep
away from a specific place or person. The Court can impose
a condition to lodge money but that is most unusual nowadays.
If
an accused person has been granted bail and he breaks any
of the conditions imposed upon him then that is itself a criminal
offence. Committing an offence on bail can lead to penalties
for the offence itself being increased.
If
the accused person appears in the Sheriff Court and is refused
bail, then there is a right to appeal to the High Court. Any
person who appears in Court from custody is entitled to the
services of the Duty Solicitor under the legal aid scheme.
That Solicitor will be able to make a request to the Court
for bail to be granted.
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