Bail can be given either by the police or a court before which the defendant stands for trial. There is a presumption that bail should be granted pursuant to Section 4 of the Bail Act  of 1976.

However, bail needs not be granted where there are substantial grounds for believing that the accused person would, if granted bail may jump bail. Bail will not be also granted to an accused person or persons where it is believed that  once on bail they  will commit an offence or would interfere with witnesses or otherwise obstruct the course of justice. The court can also refuse to grant bail to an accused person if it is  satisfied that the defendant should be kept in custody for his or her own protection.

Factors to be considered in granting bail
The court or the police will have to consider a series of factors before granting bail to an accused person. Some of these factors include the seriousness of the offence committed, character of the accused person, association and community ties of the defendant, records of the defendant's fulfilling his obligations under the previous bail granted and the strength of evidence against the defendant.

Special cases for bail
The presumption in favour of bail is removed where it appears that the defendant has committed an indictable offence while on bail. For example, offences of murder, rape, manslaughter or attempted rape where the defendant has already served a custodial sentence for such offence or offences. Bail should only be granted in exceptional circumstances pursuant to section 56 of the Criminal Disorder Act  of 1998. The prosecution may appeal against the granting of bail where the offence carries a maximum sentence of at least five years.

The balancing of conflicting interests
Individuals have a right to liberty (Human Rights Convention) but this right must be balanced against protection of the public. The balance must also be considered whenever and wherever bail is to be granted. It is estimated that about ten percent of those on bail commit further offences . Many of those in remand are given non-custodial sentence or a very short prison term, which means their immediate release. These categories of defendants are clearly not thought to be a danger to the public, but they have to stay in custody whilst awaiting trial.