Bail in the time of COVID-19
In order to apply for bail during COVID-19 crisis the process hasn’t changed. A bail application is made on form B1 with supporting evidence.
The changes start on the Tribunal’s receipt of that application. The application is now ‘triaged’ which can result in release without a hearing as the judge can consider on the papers and make a decision on release ‘in principle’. If the judge requires more evidence, then they can ask for this from either party. Time limits here can be extremely tight, sometimes as little as two hours.
If the triage does not result in release, hearings are now being held remotely by telephone. These are conducted differently depending on the hearing centre. Some are purely on the phone, some without Applicants and financial sureties and others with some parties appearing via videolink.
Birmingham bail applications are currently being heard by video link, whilst Hatton Cross and Taylor House in London are heard more through telephone. In Birmingham financial sureties have not been allowed in some instances. The way hearings are conducted is changing very frequently. There is mention of some Tribunals moving to a cloud based viewing platform although there are technical difficulties with this.
Options?
What are the alternatives to bail? Home Office bail can be applied for, although the chances of success are relatively low.
The current rate of bail grants for Tribunal bails is, anecdotally, very high. The main problem with Tribunal bail currently is that is taking much longer to list applications. Where an application was previously taking around three working days to list, it is now more like six working days and can be longer.
It is also possible to go ahead with a Judicial Review application for unlawful detention in certain circumstances.
What next?
Given the high rate of bail grants people are advised to apply for bail now. We can prepare an present bail applications for as little as £300 on telephone hearings. So if you wish to have assistance making a bail application, please contact us.