Legal Guidance and Research / Experts / Alistair Grainger

Alistair Grainger

Called to the bar in 1998.
Practiced as a criminal solicitor 2002 – 2005.
Returned to the bar in 2005 in a mixture of employed and independent practice.
Tenant at 25 Bedford Row exclusively defence since 2020.

Practice Areas

Panel

  • Contributing Author

Qualified Year

  • 1998

Membership

  • Inner Temple
  • CBA
  • South Eastern Circuit

Qualifications

  • LLB (1996)
  • LLM (1997)
  • Pg Dip (Law) (1998)

Education

  • University of Liverpool (1993 – 1996)
  • UCL (1996-1997)
  • ICSL (1998)

4 Contributions by Alistair Grainger

Appeals, variation and reconsideration of bail: defence and prosecution routes, procedures and time limits (England and Wales)
PRACTICE NOTES
Appeals, variation and reconsideration of bail: defence and prosecution routes, procedures and time limits (England and Wales)
Forthcoming change: The Sentencing Act 2026 gained Royal Assent on 22 January 2026 and delivers extensive revisions to the Sentencing Code. It brings in additional sentencing powers, such as new financial orders, widens both the scope and obligations of community orders and suspended sentence orders, and introduces major alterations to bail and overarching sentencing principles. The Act also overhauls elements of release, recall, post-sentence supervision, and the deportation framework for foreign criminals. Some sections are scheduled to commence on 22 March 2026, with further provisions activated in stages by regulations. This content will be updated as the relevant measures are brought into force. For more information, see: LNB News 23/01/2026 5. This Practice Note sets out when a defendant may appeal to the Crown Court from a magistrates’ court’s refusal to grant bail or to vary bail conditions. It additionally explains when a prosecutor may invite a magistrates’ court to reconsider the grant of bail to a defendant, and when a prosecutor may appeal to the Crown Court against a magistrates’ court decision to grant bail...
Corporate Crime
Civil Contingencies Act 2004 (UK): Emergency definition, planning duties, ministerial regulations, limits and parliamentary scrutiny
PRACTICE NOTES
Civil Contingencies Act 2004 (UK): Emergency definition, planning duties, ministerial regulations, limits and parliamentary scrutiny
The Civil Contingencies Act 2004 The Civil Contingencies Act 2004 (CCA 2004) constitutes the principal legal framework for managing large-scale emergencies across the UK. Part 1 of the CCA 2004 places obligations on a spectrum of public bodies and designated private entities (e.g. energy suppliers and telecommunications operators) to carry out contingency planning and co‑operation for emergencies. Part 2 of the CCA 2004 empowers a senior government minister to make emergency regulations, including provisions capable of altering primary legislation. It should also be recognised that a variety of other exceptional statutory powers can be used in a crisis without any declaration under Part 2. For example, primary legislation such as the Coronavirus Act 2020 and section 14 of the Human Rights Act 1998 (HRA 1998) enables a Secretary of State to issue a designated derogation from rights under the European Convention on Human Rights (ECHR). Although Article 15 of the ECHR allows a derogation only ‘in time of war or other public emergency threatening the life of the nation’, a ‘public emergency’ for Article 15 purposes may exist even where the CCA 2004 has not been invoked...
Public Law
Court Bail Conditions in England and Wales: Securities, Sureties, Electronic Monitoring, Forfeiture and Procedure
PRACTICE NOTES
Court Bail Conditions in England and Wales: Securities, Sureties, Electronic Monitoring, Forfeiture and Procedure
Conditions of bail This Practice Note sets out when bail may carry conditions and summarises typical measures, including securities and sureties. For guidance on breaches, see Practice Note: Absconding and breach of bail conditions in criminal court proceedings. A defendant granted bail by the court may have to observe conditions both prior to and following release. The Bail Act 1976 (BA 1976) identifies some potential conditions, but the list is not comprehensive. See also: Court bail application—checklist. No condition should be attached unless the court deems it necessary to ensure the defendant: appears at court does not commit offences whilst on bail does not interfere with witnesses or impede the course of justice co-operates with preparation of pre-sentence reports attends meetings with their legal representatives Commonly imposed conditions include: Before release: surrender of passport or other travel documents to the police provision of a security or sureties After release: reporting to a police station residence at an address specified by the court electronically monitored curfew exclusion from a certain area...
Corporate Crime
Practitioner overview of UK counter-terrorism law: definition, offences, powers, Prevent duties, HRA challenges, court procedure and sentencing
PRACTICE NOTES
Practitioner overview of UK counter-terrorism law: definition, offences, powers, Prevent duties, HRA challenges, court procedure and sentencing
Terrorism law in the UK spans both common law and statute, encompassing a broad range of criminal offences and civil powers. The Terrorism Act 2000 (TA 2000) was crafted to serve as a comprehensive structure for counter-terrorism powers. Following the 9/11 attacks, however, the TA 2000 framework was revised and reinforced by additional legislation: Anti-terrorism, Crime and Security Act 2001 (ACSA 2001) Prevention of Terrorism Act 2005 (PTA 2005)—subsequently repealed by the Terrorism Prevention and Investigation Measures Act 2011, s 1 (see below) Terrorism Act 2006 (TA 2006) Counter-Terrorism Act 2008 (CTA 2008) Terrorist Asset-Freezing etc Act 2010 (TAFA 2010) Terrorism Prevention and Investigation Measures Act 2011 (TPIMA 2011) Protection of Freedoms Act 2012 (PFA 2012) Justice and Security Act 2013 (JSA 2013) Counter-Terrorism and Security Act 2015 (CTSA 2015) Counter-Terrorism and Border Security Act 2019 (CTBSA 2019) Counter-Terrorism and Sentencing Act 2021 (CTSA 2021) The statutory definition of terrorism Section 1 of the TA 2000, as amended, defines ‘terrorism’ as: the use or threat of action where the action: involves serious violence against a person...
Public Law
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