Bail

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What information do you need to make a bail application?

As with all criminal cases that go before the courts, the facts of the matter are what is most important. As an applicant for bail, it is important that you are able to provide the right information, so that your chances of bail are the best that they can be. The question then is – what will actually assist your Glasgow criminal lawyer to properly present your case for bail?

When presenting an argument on the suitability of an applicant for bail, the court’s task is focused upon whether there are specific risks associated with an accused person if they are released on bail. Because of that, it is important that your instructions are capable of explaining why those risks are either not present, or alternatively, whether they can be sufficiently reduced so as to warrant a grant of bail on standard or special conditions of bail.

When meeting with your Glasgow criminal lawyer, it is essential that you give as much information as possible to assist the presentation of the bail application. Such information necessarily includes a detailed background of your personal circumstances, including…

  • Employment

    The Court will want to know whether you are currently employed or expecting to be employed in the near future. If so, it is important to obtain a letter that can assist the Court to firmly accept that this is the case. The letter should set out the nature of your employment and the wage you are ordinarily paid. If your employment requires you to undergo any alcohol or drugs testing, then it is again important that any letter from your employer includes that information.

  • Family

    It is important to know whether you have a family that is dependent upon you, or for that matter, whether you have any other dependents. A letter could be provided from any dependents or any independent person who can speak to the needs of those persons. For example, a GP can often provide a letter to the Court setting out that a person is dependent on you by virtue of an illness.

  • Business

    If you have a business that requires the continued employment of people, then that needs to be clearly explained and a letter should be provided that can speak to those facts. Letters from your employees indicating that they have family and they could potentially lose their job if you are remanded in custody, will assist the Court. This type of information may be important for the purposes of explaining that an applicant would have strong motivations not to reoffend or breach their bail conditions.

  • Accommodation

    It is also important to explain what your accommodation situation is. For example, do you live with a family or share a house? Are you anticipating moving into an alternative or more favourable environment? Information relating to a potential place of abode is important because it may give confidence to the court that, in the right environment, a person is less likely to pose a risk of reoffending. It also gives information to the Court in relation to a potential curfew being imposed. For example, you may be granted bail on the basis that you reside at the address and remain in the address between 7am and 7pm.

  • Risk of Flight

    If the Procurator Fiscal argues that there is a risk of flight (that you may leave the country), then it would assist if you can surrender your passport and offer to sign on at a police station on a regular basis. This will provide the Court with confidence that you will adhere to the bail conditions and you are monitored so that the police will be aware that you have not left the country.

These are some of the important personal matters that will assist your Glasgow criminal lawyer to understand what issues are important for the purposes of your bail application. As with all applications, the allegations against you will be important and so it is important that you are able to explain any matters that might be relevant to demonstrate that the case against you is not strong or, perhaps, even weak. Again, this is important because the fact that a case is not strong or is weak will often be an important factor in determining whether a grant of bail is appropriate.

Exceptional Circumstances Bail

In certain circumstances, if an applicant is charged with a serious offence, the applicant has to demonstrate to the Court that there are exceptional circumstances prior to the Court granting bail. Quite often, there will be an overlap between that information and the information referred to above and it is important that you speak to your Glasgow criminal defence lawyer about your situation in detail, instead of rushing into a bail application without having properly prepared.

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