Decision to grant bail: R -v- Adam Swellings

The Bail Act as amended provides for a general presumption that bail will be granted in all cases, except in specific circumstances which have to be supported by evidence. Magistrates have a duty to review bail at each hearing and ensure that there are still substantial grounds for keeping the defendant in custody.

On 10th of August, Adam Swellings admitted the offences of common assault and obstruction of a police officer. The magistrates indicated that a custodial sentence would not be imposed but ordered further probation reports so as to consider the most appropriate non-custodial sentence.

The magistrates considered all the material and in these circumstances were not satisfied that remand in custody was justified.

The bail conditions included:

• that he resides at a fixed address in Crewe
• he does not enter Warrington except to see a solicitor, attend court or visit probation meeting