Sexual Offences: Reoffenders
The question
To ask the Secretary of State for Justice, what assessment he has made of the adequacy of the risk assessment procedures applied when considering bail for defendants with previous convictions for serious sexual offences.
Answered by Ministry of Justice
The decision to remand an individual into custody or to grant bail is solely a matter for the independent judiciary acting in accordance with the criteria set out in the Bail Act 1976.
When courts (magistrates or judges) are presiding over a case they decide on a case-by-case basis based on the evidence put before the court whether the defendant presents such a bail risk as to warrant custody.
Risks that may be considered by a court in order to refuse bail include whether there are substantial grounds for believing that the defendant would commit further offences while on bail or engage in conduct that would cause physical or mental injury, or fear of injury, to an associated person.
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