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Offenders

Justice written question – answered on 10th September 2013.

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Photo of Jeremy Wright Jeremy Wright The Parliamentary Under-Secretary of State for Justice

The issue of bail is for the courts to decide following clearly set out procedures. The statutory structure is provided primarily by the Bail Act 1976, which creates a general presumption to bail for all defendants involved in criminal proceedings with certain exceptions.

The number of defendants remanded in custody and the number granted bail in each month at all courts in England and Wales between 1 May 2010 and 31 December 2012 (latest currently available) is shown in the table.

The proportion of those suspects granted bail has remained constant throughout this period.

Defendants remanded in custody and defendants remanded on bail at all courts(1) in England and Wales, by month(2), 2010-12(3)
Number
Year/remand status/court type Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total
2012                          
Remanded in custody(4)                          
Magistrates courts 1,816 1,859 1,908 1,683 2,185 1,785 1,959 2,009 1,902 2,010 1,886 1,511 22,513
The Crown court 3,314 3,370 3,736 3,010 3,484 3,053 3,296 3,228 3,003 3,454 3,426 2,687 39,061
                           
Remanded on bail                          
Magistrates courts 18,505 17,217 17,273 14,759 17,431 15,623 17,937 17,289 16,211 18,729 17,708 12,621 201,303
The Crown court 6,294 6,375 6,971 5,544 6,101 5,246 5,681 5,586 5,280 5,952 5,911 3,913 68,854
                           
2011(5)                          
Remanded in custody(4)                          
Magistrates courts 1,881 1,835 2,007 1,606 1,889 2,164 1,956 2,074 2,121 1,927 2,114 1,810 23,384
The Crown court 3,528 3,745 4,102 3,211 3,630 3,651 3,768 3,493 3,979 3,732 3,885 3,702 44,426
                           
Remanded on bail                          
Magistrates courts 19,406 18,349 20,163 16,090 18,171 19,153 18,705 18,538 18,658 18,115 18,167 13,917 217,432
The Crown court 6,883 6,779 7,516 5,816 6,350 6,543 6,734 6,101 6,867 6,179 6,595 5,451 77,814
                           
2010                          
Remanded in custody(4)                          
Magistrates courts 2,829 2,468 2,587 2,238 2,122 2,280 2,312 2,073 2,147 1,947 1,999 1,608 26,610
The Crown court 3,032 3,333 3,862 3,103 3,186 3,759 4,134 3,500 3,698 3,744 4,097 3,347 42,795
                           
Remanded on bail(6)                          
Magistrates courts n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a
The Crown court 5,996 6,553 7,497 6,467 6,514 6,904 7,705 6,548 7,221 6,992 7,344 5,421 81,162
n/a = Not available - see footnote 6 below. (1) Includes those defendants remanded in custody or remanded on bail during proceedings at magistrates courts and those defendants remanded in custody or remanded on bail at the commencement of trial or sentence at the Crown court in England and Wales. The magistrates courts component of the data presented in this table excludes those defendants who failed to appear and those who were committed for trial or sentence at the Crown court. The remand status used for the Crown court component of the data is that recorded at the point of committal from the magistrates court to the Crown court for trial or sentence. Those who failed to appear at the Crown court are excluded from the figures presented in this table. (2) The table presents data by month based on the final date on which the defendants appeared in court and proceedings were concluded. The date on which the court made remand decisions on those defendants is not held centrally, with remand decisions potentially made at an earlier stage during proceedings in previous months. (3) The magistrates courts component of the data presented in this table are estimated. (4) Including those remanded in custody at any stage of proceedings at magistrates courts or the Crown court who may also have been given bail at some stage of those proceedings. (5) Previously published figures for 2011 have been revised to take account of the late receipt of some data from magistrates courts. Data from the Crown court are not affected. (6) A revised process by which estimates of the number of defendants bailed at magistrates courts is only possible to apply to magistrates courts data relating to 1 January 2011 onwards. Therefore the figures presented in this table prior to that date include numbers of defendants bailed at the Crown court only as these data are not subject to the new estimation process applicable to the magistrates courts data. 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. 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.

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