Applying for bail for drug users

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Applying for bail for drug users
  • Restriction on the right to bail for drug users

Applying for bail for drug users

The Bail Act 1976 (BA 1976) expressly stipulates that in taking any decision about bail the court should have regard to any misuse of controlled drugs by the defendant.

Under BA 1976, a ground to refuse bail applies to defendants who have tested positive for class A drugs and who refuse to participate in a drug assessment or follow-up assessment. However, the court cannot deprive a defendant of the right to bail in these cases unless the provisions in BA 1976 are satisfied.

The effect of the legislation is that the court should not grant bail unless satisfied that there is no significant risk of the accused committing offences while on bail. Thus, the presumption created by BA 1976, s 4, is reversed and it becomes necessary for the court to be persuaded that there is no significant risk of the accused committing an offence if released on bail (see: R (Wiggins) v Harrow Crown Court).

Restriction on the right to bail for drug users

The statutory criteria are:

  1. the defendant is aged 18 or over, and

  2. the defendant has tested positive for the presence of a specified class A drug in their body, by way of a lawful test obtained under section 63B of the Police and Criminal Evidence Act 1984 (PACE 1984) (or, where they have tested positive for class A drugs in a

Popular documents