Describe how matters relating to the granting of bail to a person awaiting trial are decided. [18 marks]

Describe how matters relating to the granting of bail to a person awaiting trial are decided. [18] Under s.4 Bail Act 1976, there is a presumption that D is entitled to remain at liberty until the next stage in the process. In accordance with the idea that D is innocent until proven guilty, it is assumed that D will be granted bail and will appear at the next stage. Both the police and the courts can grant bail. The most common type of bail is unconditional, whereby D is released on their own recognisance under the belief that they will surrender at the next stage in the process at the Magistrates Court. If D fails to appear at the Magistrates Court, the police can arrest D with a bench warrant handed down from the Magistrates Court. This type of bail means that the good behaviour of D is trusted upon. This tends to mostly happen because the majority of crimes are summary offences and are unlikely to ultimately carry a custodial sentence, and so there is no justification to remand D and infringe their liberty. Under s.38
