Applying for bail for drug users
Applying for bail for drug users

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

  • Applying for bail for drug users
  • Restriction on bail
  • Prosecution guidance on bail and class A drug users

The Bail Act 1976 (BA 1976) removes the right to bail for those defendants who have tested positive for class A drugs and who refuse to participate in a drug assessment or follow-up assessment.

The court may only grant bail in these circumstances if there is no significant risk that the defendant will commit offences on bail (whether subject to conditions or not).

However, the court cannot deprive a defendant of the right to bail in these cases unless the provisions in BA 1976 are satisfied.

At the moment the provisions do not apply to all areas. They only apply to a defendant who lives in an area specified by the Secretary of State that has arrangements for conducting drug assessments.

Home Office Circular 15/2005, Annex C sets out a full list of the sites to which the provisions apply. If the defendant is of no fixed abode the court may deal with the defendant as if he were a resident of the area in which he was arrested.

The statutory criteria are:

  1. the defendant is aged 18 or over, and