GLOSSARY
Bail definition
What does Bail mean?
Bail is the right to be released from custody before the case is concluded, or sentence is passed, assuming there is no risk of absconding or committing further offences while on bail or attempting to interfere with witnesses or otherwise pervert the course of justice.
The question of whether to grant bail in criminal proceedings is governed by the Bail Act 1976, which provides that there is a rebuttable presumption in favour of bail, subject to the test laid down in Schedule 1 of that Act. This complies with Article 5(3) of the European Convention so long as the accused is tried within a reasonable period of time and not denied release pending trial without the Prosecuting Authorities advancing advanced relevant and sufficient reasons for refusing bail (Wemhoff v Germany (1968) 1 EHRR 55). The Schedule 1 reasons for refusing bail guide the exercise of judicial discretion, and objections from the prosection may be overcome by bail conditions. The three reasons in Schedule 1, paragraph 2 for denying bail are that the court is satisfied there
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