For defendants remanded in custody at HMP Magilligan, HMP Maghaberry, or Hydebank Wood, securing bail is often the most pressing concern. Whether facing charges for terrorism, murder, drug offences, serious assaults, or sexual offences, every individual has the right to a fair and robust defence.
At RP Crawford Solicitors Limited, we have a team of expert criminal defence lawyers with extensive experience in securing bail for clients in custody. We understand the urgency of these cases and offer free telephone or face-to-face consultations to discuss your legal options and provide immediate advice.
This article explains the statutory test for bail, the presumption in favour of bail, and how our team of specialist criminal defence solicitors can help secure the best possible outcome for you or your loved one.
The Statutory Test for Bail: The Legal Framework
There is a general presumption in favour of bail, meaning that a defendant should not be remanded in custody unless there are strong legal grounds to justify it. However, bail can be refused if the prosecution can establish that:
- There is a risk the defendant will fail to surrender to custody (i.e., they may abscond).
- The defendant may commit further offences while on bail.
- The defendant may interfere with witnesses or obstruct justice.
- The nature and seriousness of the offence justify remand in custody.
Each bail application is assessed on its own merits, and our solicitors specialise in challenging refusals of bail, ensuring that every possible argument is made in your favour.
Presumption in Favour of Bail: Your Legal Right
The presumption of bail means that detention before trial should be the exception, not the rule. Courts must justify why bail should be refused, and it is our job to argue that you should be released on appropriate conditions rather than being kept in custody unnecessarily.
When making a bail application, the court considers:
- The seriousness of the charge and strength of the prosecution case.
- The defendant’s personal circumstances, including employment, family ties, and previous criminal history.
- Whether suitable bail conditions (e.g., curfews, electronic monitoring, sureties) can address concerns about risk.
Our criminal defence solicitors have successfully secured bail in cases where the prosecution initially objected, by presenting strong legal arguments and persuasive mitigation.
Our Expertise in Serious Criminal Cases
At RP Crawford Solicitors Limited, we specialise in defending high-profile and complex criminal cases, including:
1. Terrorism Offences
- We have extensive experience in terrorism-related cases
- Our solicitors have successfully represented individuals facing paramilitary-related charges, dissident activity allegations, and offences linked to organised criminal groups.
2. Murder and Manslaughter
- Murder cases carry life sentences, and securing bail for murder defendants is challenging but possible in certain circumstances.
- We work closely with barristers, forensic experts, and investigators to challenge the prosecution’s evidence.
3. Drug Offences
- We represent individuals charged with possession, supply, and trafficking of controlled substances under the Misuse of Drugs Act 1971.
- Our team has successfully challenged drug conspiracy charges, reducing sentences or securing acquittals.
4. Assault and Violent Offences
- Defendants accused of GBH (grievous bodily harm), ABH (actual bodily harm), and common assault can often secure bail with appropriate conditions.
- We use CCTV evidence, medical reports, and witness statements to build strong defences.
- 5. Sexual Offences
- We represent individuals facing allegations of rape, sexual assault, indecent images, and historical sexual abuse.
- Our solicitors specialise in challenging flawed evidence, inconsistencies in witness testimony, and unfair police investigations.
Bail Application Process: What to Expect
When applying for bail, we:
- Prepare strong legal arguments to demonstrate that you do not pose a flight risk or a risk to the public.
- Propose bail conditions that address the court’s concerns, such as curfews, sureties, electronic tagging, or non-contact orders.
- Challenge the prosecution’s objections with evidence that proves you can safely be released pending trial.
- Represent you at a bail hearing, making the strongest possible case for your release.
If bail is refused, we can make a fresh application if circumstances change or appeal the decision to the High Court.
Why You Need a Specialist Criminal Defence Solicitor
If you or a loved one is remanded in custody at HMP Magilligan, HMP Maghaberry, or Hydebank Wood, securing expert legal representation is essential. The difference between remaining in prison or being granted bail often comes down to the quality of your defence.
At RP Crawford Solicitors Limited, we offer:
- Free legal consultations to assess your case and explore all bail options.
- Specialist representation for serious criminal offences, ensuring you get the best defence possible.
- Immediate action on bail applications, including urgent court representations.
- 24/7 emergency legal support, ensuring you always have access to expert advice.
Our experience in Northern Ireland’s criminal courts means we know how to challenge detention decisions, negotiate with the prosecution, and present compelling bail applications.
Free Telephone or Face-to-Face Consultation – Get Expert Legal Advice Today
If you or someone you know is remanded in custody and needs urgent legal advice, contact RP Crawford Solicitors Limited for a free consultation.
We provide:
✔ Telephone consultations for immediate legal advice.
✔ Face-to-face meetings to discuss your defence strategy.
✔ Urgent representation for bail hearings and case preparation.
Don’t leave your future to chance. Contact us today to discuss your case with an expert criminal defence solicitor.
