Written Grounds Supporting a Bail Application
Formal written grounds submitted in support of an application for bail, addressing the statutory exceptions under the Bail Act 1976 Schedule 1.
This template was not drafted by a solicitor.
It is an editorial reference based on the official sources we cite. You are responsible for any document you send. For high-stakes matters (court proceedings, large sums, deportation, criminal allegations, child welfare), have a regulated solicitor review or draft your document.
When to use this template
Use this document when preparing written grounds to support a bail application in the magistrates' court or Crown Court. It should be used by a solicitor or legal representative — unrepresented defendants should seek legal advice urgently. Prepare this document before the bail hearing and, where possible, serve it on the prosecution and court in advance.
When NOT to use this template
Do not use for murder charges, where bail is governed by separate provisions under the Crime and Disorder Act 1998 s.25. Do not use where the defendant is subject to an extradition request — different rules apply. Do not attempt to make a bail application without legal representation where the defendant faces a serious charge.
Legal Basis
Bail Act 1976 s.4 (general right to bail); Schedule 1 Part I (exceptions to the right to bail for imprisonable offences — failure to surrender, commission of further offences, interference with witnesses/obstruction of justice). The court must give reasons for refusing bail under s.5(3) Bail Act 1976. LASPO 2012 removed the right to a second full bail application on the same arguments.
Before you send
- Failing to address each of the Schedule 1 grounds specifically — generic submissions are insufficient
- Not providing supporting evidence for the proposed conditions (e.g. a letter from a surety, proof of address)
- Making a second identical application after the first has been refused — the court will reject it; fresh arguments or changed circumstances are required
Common Mistakes to Avoid
- ✗Failing to address each of the Schedule 1 grounds specifically — generic submissions are insufficient
- ✗Not providing supporting evidence for the proposed conditions (e.g. a letter from a surety, proof of address)
- ✗Making a second identical application after the first has been refused — the court will reject it; fresh arguments or changed circumstances are required
- ✗Overlooking the prosecution's objections in advance — obtain these and prepare rebuttals
- ✗Not proposing realistic, enforceable conditions — unrealistic conditions undermine the application
Build Your Letter
Fill in your details
Complete the fields below. Required fields are marked with *.
Optional fields
Letter preview
**IN THE [NAME OF THE COURT]** [DEFENDANT'S FULL NAME] **WRITTEN GROUNDS IN SUPPORT OF BAIL APPLICATION** **Bail Act 1976 — Schedule 1 Part I** --- **The Defendant** Name: [DEFENDANT'S FULL NAME] Date of Birth: [DEFENDANT'S DATE OF BIRTH] Address: [DEFENDANT'S ADDRESS (PROPOSED BAIL ADDRESS)] Charge(s): [CHARGE(S) / OFFENCE(S) ALLEGED] **Representation** The defendant is represented by [SOLICITOR'S FIRM NAME], [SOLICITOR'S NAME]. **The Presumption in Favour of Bail** The defendant benefits from the presumption in favour of bail under section 4 of the Bail Act 1976. The prosecution must satisfy the court on the balance of probabilities that one or more of the exceptions in Schedule 1 Part I applies. The defence submits that the prosecution cannot discharge this burden. **Ground 1 — Risk of Failure to Surrender (Schedule 1, para. 2)** It is submitted that there is no substantial risk that the defendant will fail to surrender to custody because: [GROUNDS ADDRESSING RISK OF FAILURE TO SURRENDER] **Ground 2 — Risk of Further Offences (Schedule 1, para. 2A)** It is submitted that there is no substantial risk that the defendant would commit offences while on bail because: [GROUNDS ADDRESSING RISK OF FURTHER OFFENCES] **Ground 3 — Risk of Interference with Witnesses / Obstruction of Justice (Schedule 1, para. 2)** It is submitted that there is no substantial risk that the defendant would interfere with witnesses or otherwise obstruct the course of justice because: [GROUNDS ADDRESSING RISK OF WITNESS INTERFERENCE] **Proposed Conditions** The defence invites the court to grant bail subject to the following conditions, which are proportionate and sufficient to address any concerns the court may have: [PROPOSED BAIL CONDITIONS] **Surety / Security** [SURETY / SECURITY DETAILS (IF PROPOSED)] **Conclusion** For the reasons set out above, it is respectfully submitted that bail should be granted to the defendant, subject to such conditions as the court considers appropriate. [SOLICITOR'S NAME] [SOLICITOR'S FIRM NAME] [DATE OF DOCUMENT]
Unfilled fields appear as [FIELD NAME]. Review the letter carefully before sending. This template is a starting point — adapt it to your specific circumstances.