Bail

Abstract This chapter explores the provisions for bail of youth defendants. Under the UN Convention on the Rights of the Child, Article 37(1), depriving a child of their liberty during criminal proceedings should be a measure of last resort. To that end, there are rules applicable only to defendants under the age of 18 and extra resources are devoted to supporting defendants on bail. The Bail Act 1976 applies to youth defendants but there are a number of differences which generally narrow the scope of the statutory grounds for refusing bail. In addition, if bail is refused, there is a presumption that the remand will be to local authority accommodation; further criteria must be satisfied before a remand in custody is made. The main practical difference between applying for bail for a youth as opposed to an adult is the significant role played by the Youth Offending Team. The chapter then considers the right to bail; conditional bail; electronic monitoring requirements; bail supervision and support; parental surety; and breach of bail conditions.