Q&As

Can a defendant be given 'indefinite' bail or must there be a date attached to the bail?

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Published on LexisPSL on 11/09/2017

The following Corporate Crime Q&A provides comprehensive and up to date legal information covering:

  • Can a defendant be given 'indefinite' bail or must there be a date attached to the bail?
  • Pre-charge bail
  • Post-charge police bail
  • Court bail

Can a defendant be given 'indefinite' bail or must there be a date attached to the bail?

Pre-charge bail

Bail from a police station, whether it be following arrest or detention, pending further enquiries or pending charge, encompasses a duty to attend at such police station as the custody officer may appoint at such time as they may appoint (bail return date). This provision is now subject to section 47ZA of the Police and Criminal Evidence Act 1984 which imposes limits on the period in respect of which pre-charge police bail can be imposed (applicable bail period).

The new regime not only includes an assumption that arrested people will be released without being made subject to bail unless necessity and proportionality criteria are met (see Practice Note: Police Bail, particularly the section ‘Police bail—presumption of release without bail’) but also imposes a 28-day initial applicable bail period (ABP) in a

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