Bail

(asked on 8th September 2014) - View Source

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many and what proportion of offenders were released from Crown courts on post-conviction bail for the offences of (a) murder, (b) rape, (c) manslaughter, (d) attempted murder and (e) child sex abuse in each of the last three years.


Answered by
Mike Penning Portrait
Mike Penning
This question was answered on 18th March 2015

Bail and remand decisions are a matter for the court in individual cases based on the facts that are presented to the court at the time of the hearing.

Under this government more people are going to prison and for longer. We have given prosecutors the right to challenge a decision to award bail to a defendant in a criminal case when they believe they present a danger to the public, or might flee the country.

The table below shows the number and proportion of offenders given post-conviction bail at the Crown Court for the selected offences, in England & Wales in each year from 2011 to 2013. The number and proportion of offenders given post-conviction bail at Crown Courts for rape, manslaughter, attempted murder and sexual offences against children has declined since 2011.

Number and proportion of offenders given post-conviction bail at Crown court for selected offences, England & Wales, 2011 to 2013(1)
201120122013
OffenceOffenders
Murderpost-conviction bail---
proportion (%)---
Rapepost-conviction bail10211995
proportion (%)9.010.68.7
Manslaughterpost-conviction bail144129115
proportion (%)27.727.322.9
Attempted murderpost-conviction bail3--
proportion (%)*--
Sexual offences against childrenpost-conviction bail1,2771,1471,105
proportion (%)34.833.232.4
(-) Nil
* = Based on less than 10 people.
(1) The figures given in the table relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences it is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.
(2) Includes the following offences: Sexual Offences Act 1956, Sexual Offences Act 2003 sections 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 25, 26, 28, 47, 48, 49, 50; Protection of Children Act 1978 SS.1 & 6, Criminal Justice Act 1988 S.160.
Note: Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used.
Source: Justice Statistics Analytical Services - Ministry of Justice.
Ref: PQ 208543

The table below shows the number of offenders given post-conviction bail at the Crown Court who subsequently failed to appear for sentence, in England & Wales during 2013. This figure has declined since 2011 for almost every offence type. Overall there has been a 35% decrease in the total number of offenders given post-conviction bail at Crown Court who subsequently failed to appear for sentence since 2011.

Offenders given post-conviction bail at Crown court who subsequently failed to appear for sentence, England & Wales, 2013(1)
Offence2013
Violence against the person26
Sexual offences11
Robbery15
Theft Offences63
Criminal damage and arson4
Drug offences56
Possession of weapons5
Public order offences13
Miscellaneous crimes against society34
Fraud Offences17
Offences (ex. motoring offences)4
Motoring offences-
Total248
(-) Nil
(1) The figures given in the table relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences it is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.
Note: Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used.
Source: Justice Statistics Analytical Services - Ministry of Justice.
Ref: PQ 208575

Decisions regarding post-conviction bail are made independently by judges. They will not take this decision unless they deem it to be appropriate in each particular case. A little more than 30% of those getting post-conviction bail go on to an immediate custodial sentence, with the remainder sentenced to non-custodial alternatives.

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