We have not identified significant issues with the legal framework set out in the Bail Act 1976 but have heard repeatedly that the application of the framework is becoming increasingly risk-averse when it comes to rebutting the presumption of bail. We believe this merits further investigation, and so recommend that the Government commissions an independent review into whether the application of the Bail Act 1976 is still operating as intended.

We have not identified significant issues with the legal framework set out in the Bail Act 1976 but have heard repeatedly that the application of the framework is becoming increasingly risk-averse when it comes to rebutting the presumption of bail. We believe this merits further investigation, and so recommend that the Government commissions an independent review into whether the application of the Bail Act 1976 is still operating as intended. Type: conclusion | Number: 5 | Paragraph: 37 | Response status: not_accepted Government response: We reject this recommendation. Pre-trial detention is never considered lightly, and numerous safeguards exist to ensure that custody is used appropriately in these cases. These include the use of Custody Time Limits (CTLs) which are the maximum amount of time that a defendant can be held in custody