Crown Court bail application
Crown Court bail application

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

  • Crown Court bail application
  • Principles governing bail
  • Applications for bail in murder cases
  • Bail applications during Crown Court proceedings
  • Other Crown Court Bail Applications
  • Sureties in the Crown Court
  • Repeat applications for bail

The Senior Courts Act 1981 (SCA 1981) sets out the circumstances where a defendant may apply to the Crown Court for bail. These are where:

  1. the defendant has been transferred or sent to the Crown Court by the magistrates’ court in custody under the Crime and Disorder Act 1998, (CDA 1998)

  2. the defendant is serving a custodial sentence imposed in the magistrates’ court and is appealing against his conviction or sentence

  3. the defendant is in the custody of the Crown Court and the court adjourns his case during the proceedings

  4. the defendant has appealed against a Crown Court decision to the High Court by way of judicial review or case stated

  5. the defendant is appealing to the Court of Appeal and the Crown Court has granted a certificate stating that the case is fit for appeal

  6. the magistrates’ court has heard a fully argued bail application (and issued a certificate of full argument) and adjourned proceedings in any of the following circumstances

    1. for medical reports under the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000)

    2. at any time before or during committal proceedings under the Magistrates’ Court Act 1980 (MCA 1980)

    3. for summary trial or after conviction and before sentence under MCA 1980

  7. the defendant has been charged with murder

Principles governing bail

The Bail Act 1976 (BA 1976)