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The Probert Encyclopaedia of General Information

BAIL

Bail is the release by the police, magistrates' court, or Crown Court of a person held in legal custody while awaiting trial or appealing against a criminal conviction. A person granted bail undertakes to pay a specified sum to the court if he fails to appear on the date set by the court. This is known as bail in one's own recognisance. Often the court also requires guarantors (known as sureties) to undertake to produce the accused or to forfeit the sum fixed by the court if they fail to do so. In these circumstances the bailed person is, in theory, released into the custody of the sureties.

Judges have wide discretionary powers as to whether or not bail should be granted, and for what sum. Normally an accused is granted bail unless it is likely that he will abscond, or interfere with witnesses, or unless he is accused of a serious crime (such as rape) and is likely to repeat it if released. The accused has the right to appeal to the High Court against a refusal to grant him bail. The conditions governing bail are contained in the Bail Act 1976.
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