Bail - information and advice
Bail can be granted by the courts or the police. Where bail is granted, the person released from custody until the next date when they attend court or the police station.
When the Police charge a young person with a crime, the young person (and their parent/carer) must appear before a Court. The Judge or Magistrates listen to the evidence and witnesses, and then decide whether the young person is guilty. They might then ask for reports to help them understand the young person's behaviour, before deciding on a sentence.
This process usually takes between two to six weeks but for serious cases it can be up to a year before the case is completed. Sometimes the Court is worried about the young person's behaviour during that time, for example that they might get into trouble again or hurt someone, or they might forget to attend their next hearing. Because of this, Courts can make special Bail and Remand Orders, even if the young person hasn't been found guilty yet . There are two main types of bail:
This happens when the Court allows a young person to stay at home and live normally without any extra rules or supervision. The young person must promise to stay out of trouble and attend the next Court hearing.
This happens when the Court decides that extra rules or supervision are needed. They might order the young person to report to a Police Station regularly, or to stay indoors after a certain time. Sometimes the Court will order the young person to wear an electronic tag to monitor them, or put restrictions on where they can live or where they can go.
Bail Support and Supervision Programme
This happens when the Court orders the Youth Justice Service to supervise the young person. Conditions are set upon the young person's bail, and they also have to attend regular appointments with YJS staff to help them stay out of trouble.
ISS Bail Support and Supervision
This is the highest level of bail supervision, and involves appointments with the YJS staff or other services every day, supported by strict conditions which limit the young person's freedom.
Bail Support and Supervision
Trained staff from North Yorkshire Youth Justice Service attend all Youth Courts in the area, and are also on-call for Special Courts on weekends and Bank Holidays. We also attend adult Magistrates Courts and the Crown Courts where needed.
The law says that bail conditions must be fair and reasonable and must not take away more of the young person's freedom than is necessary. The YJS staff help the Judge or Magistrates to decide this, by completing a bail assessment to explain what support the YJS can provide, and advising the Court on which conditions may be necessary. The YJS worker will always talk to the young person and their parent/carer before doing this, and help them to understand their rights and duties.
If the Court agrees to place the young person under bail supervision, then the YJS staff will arrange appointments and services to help the young person stay out of trouble. This might include help with accommodation, education jobs or training, drug & alcohol misuse, family support etc. Some of these are delivered directly by the YJS, and others are arranged with other local services.
It is important to remember that bail supervision is compulsory, and if a young person doesn't cooperate they will usually only get one warning. If they break the rules again, they are arrested by the Police and taken straight back to Court. The Judge or Magistrates might decide that they can't be trusted anymore, and remand them into custody.
Remand to Custody
In very rare and serious cases the young person must be remanded in a secure establishment (a Young Offender's Institute, Secure Training Centre or Secure Children's Home) while their case is being dealt with. This is very hard for the young people and their families, and very expensive, so bail supervision is used whenever possible.