Secretary of State Bail

Bail is the temporary release of an accused person awaiting trial, sometimes on the condition that a sum of money is lodged to guarantee their appearance in court.

This article can be helpful for those who intend to apply for the Secretary of State Bail. The power to grant bail is available to the Secretary of State for the Home Department by virtue of paragraph 1 of Schedule 10 of the Immigration Act 2016.

Eligibility Criteria: 

To apply for the Secretary of State Bail, an applicant must:

  • be held in an immigration removal centre, a detention centre or prison 

  • be detained on immigration matters, listed in paragraph 16(1), (1A) or (2) of Schedule 2 of the Immigration Act 1971, paragraph 2(1), (2) or (3) of Schedule 3 of the Immigration Act 1971, section 62 of the Nationality, Immigration and Asylum Act 2002, section 36(1) of the UK Borders Act 2007. 

The applicant is more likely to succeed if they have at least one ‘surety’. This can be a person who will pay money if the applicant breaks the terms of bail, ensures that the applicant stays in touch with authorities and can attend the applicant’s hearing.

The Relevant Factors in Granting Immigration Bail 

The Secretary of State will consider whether:

  • there is a realistic prospect of removal within a reasonable period will be considered

  • the person will fail to comply with immigration bail conditions 

  • the person will commit an offence while on immigration bail 

  • the person poses danger to public security in the UK. 

Conditions of Bail

Successful applicants will be released until trial. They will need to live at the address they provided in the application and report regularly to an immigration official. Otherwise, the applicant may be returned to a detention centre or the applicant’s sureties will need to pay the money

How to Apply for the Secretary of State Bail and Processing Time. 

The Home Office requires all Secretary of State bail applications to be made using the BAIL401 form. The form is available on the government website or can be obtained from the welfare office in the detention centre. The decision will be made within 10 working days. There is no fee for applying,

Refusals.

The individual is more likely to be refused if they have broken the terms of bail before or have a criminal record, and the judge thinks they might re-offend. If the applicant is refused, they will get a written statement telling them the reason for the refusal. There is no limit on the number of applications for immigration bail a person can make to the Secretary of State, or when an application can be made.

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