Bail can be granted by the courts.  Where bail is granted, the person is released from custody until the next date when they attend court.  If bail is refused, this will be because the court believes that, if released on bail the person will abscond (not turn up to court), commit an offence, interfere with witnesses or otherwise interfere with the criminal justice process.

There are two types of bail:  conditional bail and unconditional bail:

• Conditional bail - The courts can impose any requirements which are necessary to make sure that defendants attend court and do not commit offences or interfere with witnesses whilst on bail.
• Unconditional bail - The court thinks that the defendant is unlikely to commit further offences, will attend court when required and will not interfere with the justice process, they will usually be released on unconditional bail.

Breach of Bail

If a defendant does not stick to their bail conditions, or fails to attend court on the set date, they are in breach of bail.  There are likely to be arrested and may have their bail withdrawn.  They may be remanded in custody and might not get bail in the future.  Failing to appear at court as required is a criminal offence and they can also be prosecuted for this offence.

Contact Details

Criminal Justice Team
Tel:  01343 557200
Fax:  01343 557201
Email:  criminal.justice@moray.gov.uk