SQE1 bail: what you must know and how it is tested

SQE1 bail questions test the right to bail under the Bail Act 1976, the grounds for refusing it, the conditions a court can impose and the routes of appeal. A defendant has a presumption in favour of bail unless an exception applies. Read it with the wider Criminal Practice guide.

SubjectCriminal Practice (FLK2)

Key lawBail Act 1976

Question typeSingle best answer, five options

The rules to apply

Section 4 gives a defendant a right to bail, subject to Schedule 1. For an imprisonable offence the court need not grant bail if it has substantial grounds for believing the defendant would, if released, fail to surrender, commit an offence on bail, or interfere with witnesses or obstruct justice. Other grounds include the defendant's own protection and being already in custody. The court takes into account the nature and seriousness of the offence, the defendant's character, antecedents and community ties, their record on previous bail and the strength of the evidence.

Conditions may be attached only where necessary, mainly to make sure the defendant surrenders, does not commit an offence on bail and does not interfere with witnesses, and also for the defendant's own protection or to make sure they are available for reports (s3(6)). Typical conditions are residence, reporting to a police station, curfew with a tag, a surety, and keeping away from named places or people. A defendant who fails to surrender without reasonable cause commits an offence under s6, and may be arrested.

Murder: bail may be granted only by a Crown Court judge. Where a defendant is charged with murder, attempted murder, manslaughter, rape or attempted rape and has a previous conviction for one of those offences, bail is granted only in exceptional circumstances (Criminal Justice and Public Order Act 1994, s25).

Applications and appeals. If the magistrates refuse bail, the defendant may apply to the Crown Court. At the next hearing after bail is refused, the defendant may make one further application using any argument. After that, the court need not hear arguments it has heard before (Schedule 1, Part IIA). If the magistrates grant bail, the prosecution can appeal to the Crown Court under the Bail (Amendment) Act 1993, for any imprisonable offence, if they objected at the hearing, gave oral notice at the end of the hearing, and served written notice within two hours. The defendant stays in custody until the appeal is heard. Custody time limits cap how long a defendant may be held in custody before trial, and the prosecution must apply to extend them.

Traps examiners use

Saying the defendant must prove they deserve bail. The right is presumed.
Using 'might' instead of 'substantial grounds'.
Imposing a condition that is not necessary for a purpose in s3(6).
Forgetting the prosecution's right of appeal and its conditions.
Treating all offences as imprisonable.
Ignoring previous failures to surrender.

Worked question 1

Asif is charged with theft, which is imprisonable, and has a stable address. He twice failed to surrender to bail in previous cases. The magistrates consider bail. Which is correct?

A. Bail must be granted because he has a stable address.
B. The court may refuse bail if it has substantial grounds to believe he would fail to surrender, and his record on previous bail is relevant.
C. The court may refuse bail only if the charge is serious.
D. Bail must be refused because he has failed to surrender before.
E. Bail can be refused only if the prosecution proves he is guilty.

Answer: B. The right to bail is subject to the exceptions in Schedule 1, including a risk of failure to surrender, for which previous record on bail is a relevant factor. It is not automatic refusal (D), and a stable address does not by itself secure bail (A). Guilt is not decided at a bail hearing.

Worked question 2

Magistrates grant bail to Tess, who is charged with robbery. The prosecutor opposed bail and wishes to challenge the decision. What can she do?

A. Nothing, because only the defendant can appeal.
B. Give oral notice at the end of the hearing, then serve written notice within two hours, to appeal to the Crown Court, and Tess remains in custody pending the appeal.
C. Apply to the magistrates to change their mind in a week.
D. Wait for trial and appeal then.
E. Appeal to the Court of Appeal.

Answer: B. The Bail (Amendment) Act 1993 allows a prosecution appeal where the offence is punishable by imprisonment and the prosecutor objected at the hearing. The strict notice rules apply. A, C, D and E miss the procedure.

Checklist before you move on

Imprisonable offence? Right to bail under s4.
Any Schedule 1 exception: substantial grounds?
Factors: seriousness, character, record on bail, evidence.
Conditions necessary to meet a specific risk.
Special rules: murder, previous conviction offences.
Appeals and repeat applications.

Test yourself on more original questions in our SQE1 practice questions.

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Questions

Does a defendant have a right to bail?

Yes, under s4 of the Bail Act 1976, unless an exception in Schedule 1 applies.

What conditions can a court attach to bail?

Conditions necessary to prevent failure to surrender, offending on bail or interference with witnesses, such as residence, reporting, curfew or sureties.

Can the prosecution appeal a grant of bail?

Yes, to the Crown Court, for any imprisonable offence, if it objected at the hearing and follows the notice rules.

Sources: SRA: SQE1 Assessment Specification (from 1 September 2026); Bail Act 1976; Criminal Procedure Rules. Checked 10 November 2026.