Bail with or without a legal advisor
Research by BID has consistently found that only half the people in detention that they spoke to had a legal advisor (43% of people in their 2022 survey [1]). Legal aid provider firms with detention centre contracts are required to consider bail periodically. Even those who have a legal representative acting for them may need to be encouraged to lodge bail applications. Legal aid does not generally allow for more than two bail applications. Those who are ineligible for legal aid and have instructed a private solicitor may struggle to pay hundreds of pounds for a bail application on a regular basis.
People in detention without a legal representative, or who cannot afford to pay for a bail application to be prepared, can lodge their own bail application with the immigration tribunal. It is entirely possible to get released this way. It is hardly surprising that success rates have been found to be lower than an application prepared by a legal advisor and presented by a barrister. Among other things, this is because, without any assistance people may not be clear about which facts in their case are relevant to their bail application, how to present at the hearing, the use of supporting evidence, and the importance of getting any financial condition supporters to turn up and bring relevant documents.
People in detention can get free phone advice and other information on bail from Bail for Immigration Detainees (BID) to help them prepare and present their own simple application for release. BID can also provide representation in some instances and run legal advice sessions in detention centres.
BID is a legal charity that works with asylum seekers and migrants to secure their release from detention. BID works with people in all removal centres in the UK, and with people detained in prisons at the end of their sentence. BID’s How to get out of detention self-help guide for people in detention provides comprehensive advice to people in detention about their rights in relation to bail. The comprehensive guide describes the ways to get out of detention, getting legal advice and how to ask a legal representative to apply for bail, frequently asked questions about bail, sureties, accommodation, how to apply for bail and write your grounds for bail, and the bail hearing. The guide is available in a number of languages. Go to https://www.biduk.org/pages/guides-and-resources#TK1 to download the guide in all language versions. You can download the B1 bail application form from the same page. All IRC libraries should hold copies of BID’s bail guide. You can ask people you meet if this is the case and make BID aware if it is not. BID will post the self-help guide to bail to people detained in prisons (write to Freepost BID London, Prison legal team, BID, 1b Finsbury Park Road, London N4 2LA). BID’s bail helpline for people in detention is open Monday to Thursday between 10am and 12 midday. Tel: 020 7456 9750 Fax: 020 3745 5226 Outside of those times, you can email BID at casework@biduk.org.
|
Last updated