Bail

The police1 or a court2 has the power to grant bail. Bail can be unconditional or conditional.

A person on bail must return to the police station or go to court at a particular time and on a particular day. It is a criminal offence to fail to attend the police station or court at the right date and time without a good reason.

The procedure for applying for bail for a child is like that for adults. It will include consideration of any objections to bail (as presented by the prosecution). The court will have to take into account the information listed in the Bail Act 1976 to determine whether an objection to bail exists.

• As there is a statutory right to bail for children, subject to statutory exceptions,3 the youth offending team (YOT) have a duty to provide information and bail support, as well as supervision packages created for the individual child.
• If bail is refused the child will be remanded to local authority accommodation (RLAA) unless the specific conditions are met to justify sending the child to youth detention accommodation (custody).4
• The police5 and the courts6 should always consider the child’s welfare. This means a child is more likely to get bail than an adult and the court will consider repeated bail applications.7