§ Mr. WebbTo ask the Secretary of State for the Home Department what guidance he gives to magistrates on the criteria for releasing persons on bail charged with a serious assault rather than remanding them in custody; and if he has any plans to review this guidance. [100347]
§ Mr. Charles Clarke[holding answer 29 November 1999]: Within the statutory framework laid down by Parliament, in the Bail Act 1976, the decision to grant bail is a matter of independent judicial discretion. For this reason, the Government do not issue guidance to magistrates. However, magistrates are trained to adopt a structured approach to decision making, taking into account a range of factors, including the nature and seriousness of the offence, the possible sentence and whether the defendant is likely to surrender to bail or commit offences while on bail.