Bail

In some cases the magistrate may release the defendant on bail. Bail is a promise to come back to court for the trial or sentence.

Each case is considered individually, guided by the rules laid down in the Bail Act 1980. Bail may include special conditions such as reporting to police regularly, or surety, which means someone will put up money or property to guarantee the defendant's appearance in court.

If the defendant is charged with murder, the bail application must be made directly to the Supreme Court.

Remanded in custody

If a magistrate commits a defendant to trial, the magistrate may order the defendant to be held in prison until their hearing date if they feel the defendant is at risk of not appearing, of commiting other offences, of interferring with witnesses or of being a danger to the community or themselves.

The defendant may be ordered to participate in a prescribed program (such as for the purpose of rehabilitation) as a condition of bail. This order will be made if the magistrate believes that the defendant may benefit and it is in the public interest.

If the defendant is held in prison, the police or correctional officers will bring the defendant to the court for each day of the trial.