3. Bail and Remands

Question 1

When can a magistrates adjourn the proceedings?

Answer 1

At any stage before the case is sent to the Crown Court for trial or before or during a summary trial

Question 2

Is it possible to challenge the grant or refusal of an adjournment?

Answer 2

yes, By way of judicial review

But the monster streets court must not be deterred from a prompt and robust determination of applications to adjourn and the high court will only interfere with the decision if there is compelling reasons to do so the high court will be slow to interfere with the decision.

The decision to fix a date for a trial at which a prosecution expert could attend and the defence expert could not was clearly wrong

Question 3

The statutory power to adjourn is contained in the magistrate’s Court Act 1980

Question 4

What may the court do when adjourning? (what do next)

Answer 4

They may fix the time and place at which the trial is to be resumed or unless it remains the accused leave the time and place to be determined later by the court

The court may remand the accused and where the accused has attained the age of 18 shall not do so if the offence is triable either way

Question 5

What is the maximum. Which are magistrates courts may remand and accused in custody? + what are the exceptions?

Answer 5

8 clear days

exceptions?
- Following summary conviction may remand in custody up to three weeks for inquiries, (pre0sentence report)

• May remand after conviction for medical examination and reports if court believes require more information on the physical or mental condition of the accused
• Where mood of trial is determined in favour of summary but is unable to proceed immediately to trial because it only has one judge they can be remanded in custody to a date to which the courts will be properly constituted even exceeding 8 days

Question 6

Can he suspect be remanded more than once after an earlier remand

Answer 6

yes, They can be remanded again therefore there may be several remand hearings before the case is sent to the Crown Court or the commencement of a summary trial

The only limitation on the number of romance is the general discretion of the magistrate’s court to refuse an adjournment if it would be against the interests of justice

Question 7

When can it accuse be remanded for a period greater than 8 clear days?

Answer 7

If the remand is on bail and both the accused and the prosecution agreed to a longer on Remand

Question 8

What is the time limit between first appearance and committal?

Answer 8

Charged with indictable offence 70 days

Question 9

What is the time limit between first appearance and summary trial?

Answer 9

Either way + summary trial = 70 unless decsion for summary trial taken within 56 days, if so, reduced to 56 days

Summary offence = 56 days

Question 10

What is the time limit between committal and trial on indictment?

Answer 10

112 days

Question 11

What is the case of multiple committals?

Answer 11

If a single document is preferred containing counts in respect of which the accuser is committed for trial on 2 or more occasions the 112 day limit applies separately in relation to each offence

Question 12

What is a section 51 sending

Answer 12

Where the accused has been sent for trial under the cda 1998 the maximum. 82 days between the date on which the accused is sent to the Crown Court and the start of the trial.

Time held in custody by the magistrates needs to be taken off this total

Question 13

What happens if the custody time limit expires before the completion of the stage of the proceedings in question?

Answer 13

The accused must be granted bail in relation to the offence which time limit has expired

Question 14

When can the crown court or magistrates court extend the time limit?

Answer 14

Any time before the expiry of the time limit.

Two stage test

1) That the prosecution has acted with all due diligence and expedition

2) That there is good and sufficient cause for doing so

Question 15

When should the extension of a custody time limit be addressed?

Answer 15

It should be addressed at the time that a trial date was fixed rather than after the decision as to the listing as it has already been made

Question 16

Who can the crown court grant bail to?

Answer 16

any person…

1. Who has been sent in custody for trial in the crown court
2. Who has been given the custodial sentence following conviction in the magistrates and who is appealing to the crown court against conviction / sentence
3. Who was in the custody of the crown court pending disposal of the case
4. Whose case has been decided by the crown court but who is applied to the courts to state a case for the Divisional Court’s opinion or seeking judicial review of the decision
5. To whom the crown court has granted a certificate that the case is fit for appeal to the Court of Appeal.
6. Who has been remanded in custody by the magistrate’s court on adjourning of case.

Question 17

Is there a right to bail?

Answer 17

no, Presumption in favour of bail except for murder.

the presumption applies to…

1. person appears before mags or CC for an offence
2. who has been convicted of an offence and whose case is adjourned for reports before sentencing.

Question 18

Does the presumption of bail apply to appeals?

Answer 18

No, An appellant seeking bail pending determination of an appeal against a conviction or a sentence cannot rely on the presumption in favour of bail

Neither can an offender who is committed to the crown court for sentence following a conviction in the magistrate’s court

In these two situations, there is the power to grant bail, but this is at the discretion of the court.

Question 19

What happens if a person has been on bail and pleads guilty at he plead before venue hearing

Answer 19

The usual practise should be to continue bail even if it is anticipated that a custodial sentence will be imposed by the Crown Court unless there are good reasons for the remanding the accused in custody

Question 20

When can the court not grant bail to an accused?

Answer 20

To an accused who is charged with murder attempted murder manslaughter rape or attempted rape.

Or an accused who has been convicted of those above offences

Unless the court believes that they’re exceptional circumstances which justify it they may not grant bail.

Question 21

What about a person who is accused of murder

Answer 21

They may not be granted bail unless the quarters of the opinion that there is no significant risk that the accused will if he is released on bail commit an offence that would or would likely to cause physical mental injury to any other person

The presumption in favour of bail is effectively reversed.

Question 22

What are the conditions for refusing bail?

Answer 22

Where the core believes that there are substantial grounds for believing that the defendant if he is released on bail would-

a) Failed to surrender to custody

b) Commits an offence while on bail.

c) Interfere with witnesses or otherwise obstruct the course of justice.

The courts must merely be satisfied that there are substantial grounds for believing they don’t need any higher justification

Question 23

Do the prosecution need to produce witnesses when objecting to bail

Answer 23

No, the cps representative needs to argue that bail is inappropriate on the basis of the information supplied by the police and included in the case file

Question 24

One can bail not be withheld on any of the grounds

Answer 24

where the accused has attained the age of eighteen and has not been convicted of an offence in those proceedings and it appears to the court that there is no real prospect of the accused will be sentenced to a custodial sentence in the proceedings bale cannot be withheld

Question 25

are there other factors for the court to consider bailed to a defendant

Answer 25

The nature and seriousness of the offence The character and community ties of the accused The accused records for having answered to bail in the past The strength of the evidence against the accused The accused may engage in conduct likely to cause physical or mental injury to anyone else Domestic violence risk to an associated person Accused already on bail For their own protection Already in custody Insufficient time Absconded in the present proceedings Bale involving abuse of drugs

Question 26

Is the nature and gravity of the offence an automatic reason for refusing bail

Answer 26

No,

Question 27

What does character and antecedents ties primarily refer to?

Answer 27

previous convictions These may make a custodial sentence more likely especially if the accused is convicted of the present offence which will be in breach of a suspended sentence of imprisonment A person of good character is likely to be trusted by the courts over someone who has a criminal record

Question 29

What does associations and community ties mean

Answer 29

This refers to undesirable friends with criminal records This involves looking at how easy would be to abscond and how much the accused has to lose by absconding

Question 30

What does strength of the prosecution's evidence mean

Answer 30

This is relevant to whether an accused would answer bail in the sense that one who knows that there is a good chance of being acquitted is less likely to abscond than 1 who anticipates almost certain conviction It can be argued that there is no point in the accused absconding if an acquittal is likely anyway

Question 31

What does risk of injury to someone else mean

Question 32

what does domestic violence risk to an associated person mean

Answer 32

The accused need not be granted bail if the court is satisfied that if released on bail the accused would commit an offence while on bail by engaging in conduct which would cause a likely cause physical or mental injury to an associated person An associated person is a person who is associated with the accused within the meaning of the family law act. This could be partners spouses civil partners cohabitants former cohabitants dependents relatives such as parents

Question 33

What is meant by an accused who is already on bail

Answer 33

The accused does not need to be granted bail if it appears to the court that the accused was on bail in respect of another offence on the date in which the current offence took place

Question 34

What is meant by their own protection

Answer 34

The accused need not be granted bail if the court is satisfied that remaining in custody would be for the accusers own protection This will cover gang cases

Question 35

The bail when the accused is already in custody

Answer 35

The accused does not need to be granted bail if they are already serving a custodial sentence

Question 36

Grunting bail to someone who is absconded in the present proceedings

Answer 36

The accused need not be granted bail having previously been released on bail in connection with the current proceedings If they have been arrested for an offence under the Bail Act 1976

Question 37

Bail in cases involving abuse of drugs

Answer 37

And accused over the age of 18 may not be granted bail unless the quarters of the opinion that there is no significant risk of the accused committing an offence while on bail where the three conditions set out: 1) There is a drugs test evidence that there is a specified class a drug in the person's body 2) Either the accused is charged with a fence under the mda or the offence relates to a specified Class A drug or the court is satisfied that there are substantial grounds for believing that the misuse of a specified Class A drug caused or contributed to the offence with which the accused is charged all that the offence is motivated wholly or partly by intended misuse of a specified Class A drug 3) The person does not agree to undergo an assessment of dependency upon or a propensity to misuse any specified class a drug or has undergone such an assessment but does not agree to participate in any relevant follow up which has been offered

Question 38

One should conditions for bail be imposed

Answer 38

Only imposed if they are necessary to address one of the grounds for withholding bail

Question 39

What are the conditions that can be imposed on bail

Answer 39

residence Obligation to notify any changes of address Reporting on given days to a police station A curfew often tagged Exclusion from a place or area Requirements not to contact this specific person Surrender passport Surety named person will lose money if the accused fails to attend court Security payments of a sum into court that will be lost if the accused fails to attend The court can impose other conditions which they see fit in order to limit the potential for one of the grounds to occur

Question 40

Who can make an application to vary bail

Answer 40

The defence or the prosecution

Question 41

How is an application to vary bail made

Answer 41

Should be by way of written application served two business days in advance In practise they are often made on the next remand date without prior application however if you are defending you always make sure that the prosecutor is warned prior to the hearing The application should be made to the court that granted bail or to the crown court if the defendant has been sent If it is agreed by the parties the variation can be determined without a hearing Any hearing should take place no later than 5 business days after the application was served If the magistrates refused they must give reasons that are legally adequate

Question 42

Does the defendant need to be present for a decision on bail?

Answer 42

Decision should not normally be made without the defendants being present either in person or via the live link or he has had the opportunity to make representations Bail may be considered in the absence of a defendant if they have waived the right to attend, Or if they have been present previously when bail was refused and have been in custody since

Question 43

Who begins at a bail hearing

Answer 43

The prosecution will begin by outlining any objections and setting out the grounds and reasons for why they believe a refusal should be sought The defence will then have an opportunity to argue that bail should be granted and the prosecution will not usually make any submissions in response but there is a right to do so to correct any factual errors

Question 44

How many applications for bail can a defendant make?

Answer 44

Mags - 2 - should be made at first and second hearings if fail to apply for one at first hearing, then D will only have one other oppertunity to make an application.

Question 45

Apply for bail to a crown court judge

Answer 45

At any time when application can be made to a crown court judge A defendant will need a full argument certificate from the magistrates with a written notice of appeal The written notice must be given to the magistrate's court and the Crown Court and the prosecutor as soon as reasonably practicable and must explain why Bale should be granted If the application is opposed the prosecution must serve notice and reasons for doing so The application should be heard the next business day.

Question 46

How many applications can you make to the Crown Court for bail

Answer 46

Once, another cannot be made without putting fresh arguments before the court

Question 47

Can the prosecution appeal any grant of bail made by the magistrate's court?

Answer 47

Yes, In respect of imprisonable offences. Oral notice should be given that the conclusion of the hearing and then written notice within two hours of the oral notice. Following oral notice the defendant will be remanded in custody until the appeal is determined there is then a re hearing before the Crown Court within 48 hours

Question 48

What happens if a defendant has breached a bail condition

Answer 48

Put the defendant at risk of being arrested and brought before the magistrate court. The police may arrest without a warrant if they have reasonable grounds for believing that the defendant is not likely to surrender to custody has breached or is likely to breach a bail condition.

Question 49

After a breach of condition when must the defendant be brought to a magistrates court?

Answer 49

within 24hrs of the arrest.

Question 50

Is breaching bail an offence?

Answer 50

No, The only penalties to remand in custody but this does not automatically follow.

Question 51

If the defendant has been sentenced to the Crown Court and has breached a bail condition which court will deal with the breach?

Answer 51

Always the Mags