procedure for Applying for Bail:
1. CPS Notification:
The CPS must promptly provide the defendant’s solicitor and the court with all relevant information regarding the bail decision (as per CrimPR, r 14.5(2)).
2. CPS Objection:
The CPS representative states their objection to bail and requests the magistrates to remand the defendant in custody.
They present the defendant’s previous convictions and outline the reasons for their objection, citing specific details and relevant factors.
3. Defendant’s Application:
The defendant's solicitor makes a formal application for bail.
They address each objection raised by the CPS, countering the grounds for objection and applying the relevant factors as appropriate.
The solicitor may propose conditions that could accompany the bail if unconditional bail is not granted.
4. Evidence Submission:
The magistrates may hear additional evidence from other individuals supporting the bail application, such as prospective employers or people offering accommodation.
5. Magistrates' Decision:
The magistrates decide whether to remand the defendant in custody or grant bail.
If bail is granted, they specify any necessary conditions. If a surety is involved, the court will ensure the surety is suitable through an oath.
A record of the magistrates’ decision is created, and a copy is provided to the defendant.
6. Documentation:
If bail is refused or granted with conditions, reasons must be recorded and given to the defendant (known as a ‘certificate of full argument’).
If the CPS opposed bail but it is granted, reasons for granting bail are documented and provided to the CPS upon request.