First hearing, bail & remand
After charge a defendant appears at the magistrates' court for a first hearing, where questions of bail or remand are decided. The Bail Act 1976 creates a presumption in favour of bail subject to exceptions.
What "First hearing, bail & remand" covers
- There is a general right to bail under s.4 Bail Act 1976, subject to the exceptions in Schedule 1.
- For imprisonable offences, bail may be refused if there are substantial grounds to believe the defendant would fail to surrender, commit further offences, or interfere with witnesses/obstruct justice.
- The court considers the nature/seriousness of the offence, the defendant's character, community ties, bail record, and strength of the evidence when assessing the exceptions.
- Bail may be granted with conditions (residence, reporting, sureties, surety/security, curfew, electronic monitoring) to address the perceived risks.
- Where bail is refused, a defendant may generally appeal or make a further application; a fresh full argument may be made once as of right, then only on a change of circumstances.
- Special provisions apply to certain offences (e.g. restrictions where the defendant was on bail at the time, and heightened tests for serious offences).
- Breach of bail conditions or failure to surrender (an offence under s.6 Bail Act 1976) may lead to arrest and remand in custody.
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For first hearing, bail & remand, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Stating there must be certainty a defendant will abscond — the test is 'substantial grounds to believe', a lower threshold.
- Confusing conditions of bail (to manage risk) with the grounds for refusing bail altogether.
- Forgetting that after a full contested bail application is refused, further applications generally require a change in circumstances.
Learn this subtopic in the course
A video lesson, notes and exam-style practice on first hearing, bail & remand.
FAQ
Is first hearing, bail & remand tested on SQE1?
Yes — first hearing, bail & remand is part of the SQE1 Criminal Litigation syllabus (FLK2) and can appear in single best answer questions.
How is first hearing, bail & remand examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (Bail Act 1976 s.4, Bail Act 1976 Schedule 1) helps.