Written Grounds Supporting a Bail Application

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.

• ✗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

**IN THE [NAME OF THE COURT]**

[DEFENDANT'S FULL NAME]

**WRITTEN GROUNDS IN SUPPORT OF BAIL APPLICATION**

**Bail Act 1976 — Schedule 1 Part I**

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**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]

Frequently asked questions

What specific risks must written grounds address for a bail application?

Written grounds must specifically address the three statutory exceptions under Schedule 1 Part I of the Bail Act 1976: the risk of failing to surrender to custody, the risk of committing further offences, and the risk of interfering with witnesses or obstructing justice. Generic submissions are insufficient; each ground requires specific arguments and supporting evidence to demonstrate that the prosecution cannot prove these risks on the balance of probabilities.

Can I prepare these written grounds myself if I do not have a solicitor?

No. The document is intended for use by a solicitor or legal representative. Unrepresented defendants are advised to seek legal advice urgently. The guidance explicitly states that one should not attempt to make a bail application without legal representation if the defendant faces a serious charge, as proper legal argumentation is required to meet the court's standards.

When should the written grounds be prepared and submitted to the court?

The document should be prepared before the bail hearing. Where possible, it should be served on the prosecution and the court in advance. This allows the defence to review the prosecution's objections and prepare specific rebuttals, ensuring the application is comprehensive and addresses potential concerns before the hearing takes place.

Are there any types of criminal cases where this bail application document cannot be used?

This document is not suitable for murder charges, which are governed by separate provisions under the Crime and Disorder Act 1998. It is also not to be used where the defendant is subject to an extradition request, as different legal rules apply in those specific circumstances.