7. Bail Flashcards
(32 cards)
Remands before conviction: Time limit
the defendant may not be remanded in custody for more than 8 clear days at a time
If D’s case is in the MC, and D is remanded in custody how often must they be brought before the court
On every 4th remand (provided they have legal representation)
When can the court remand a defendant in custody for up to 28 days?
- that court previously remanded them in custody for the same offence and
- they are before the court and
- it can set a date to remand them on which it expects the next stage of the proceedings to take place
Max period of remand in custody: Either way Offence
70 days before trial
Max period of remand in custody: Summary Offence
56 days before trial
When is the custody limit for remand in custody for an either-way offence shortened to 56 days
f the case involves an either-way offence and allocation hearing takes place within 56 days, the custody time limit for this offence is reduced to 56 days
Can the prosecution extend the maximum time limit for remand in custody
Yes but must show (on balance of probabilities) there is good and sufficient cause and that they have acted with due diligence and expedition (Prosecution of Offences Act 1985, s 22)
Notice Requirements: Prosecution applying to extend the maximum custody time limit in a case
Written notice must be served on court and defendant not less than 2 days before the hearing in the magistrates’ court
can the defendant appeal CPS’ extension of their custody time limit?
Yes, To Crown Court (prosecution can also appeal)
Time limits for remands on conviction (prior to sentencing)
Following conviction, a defendant may be remanded in custody before sentence (usually for the preparation of pre-sentence reports) for successive periods of not more than 3 weeks.
Who does the ‘presumption in favour of bail’ apply to:
- all defendants prior to conviction;
- defendants who have been convicted if their case has been adjourned for the court to obtain reports before sentencing and
- defendants who are appearing before the court for breach of a community sentence.
Who does the presumption of bail NOT apply to:
- those committed to the crown court for sentencing
- those appealing against their conviction or sentence
Can defendants charged with specified offences (eg. murder, rape, attempted murder) be granted bail?
Yes, in exceptional circumstances (eg. no significant risk of the defendant harming another person on bail)
- MC will send D to CC in custody
If a defendant pleads not guilty to an indictable-only offence (and is going to the Crown Court), who will decide on bail?
MC will place D in custody and transfer them to the CC
- CC judge will make decision about bail within 48 hours
Common Grounds for the Court Objecting to bail
Belief that the defendant will:
1. fail to surrender to custody
2. commit and offence whilst on bail
3. interfere with a witness on the case / obstruct justice
If CPS objects to bail on one of the common grounds, what factors will the court consider in making their decision?
- nature and seriousness of the offence
- character, antecedents, associations and community ties of D
- Defendant’s records in previous grants of bail in criminal proceedings
- strength of evidence against D
When might conditional bail be used?
If unconditional bail is likely to be refused, the solicitor can ask MC to consider conditional bail
- conditions must be necessary to prevent defendant from absconding or committing a further offence
- prevent inference with justice
- ensure D is available for obtaining medical / other reports
- ensure D’s own protection or if under 18, his welfare
When will the court impose the electronic monitoring requirement on a grant of bail?
To ensure compliance with a bail condition
HIGH THRESHOLD, only imposed if without it, person would not be granted bail AND
- the necessary arrangements for electronic monitoring are in place
Is electronic monitoring possible for those under 18?
Yes (12-18), but require even more stringent justification
If CPS objects to bail, are they able to show evidence of the defendant’s past criminal convictions?
- Yes, done when CPS applies to have defendant remanded in custody
Certificate of Full Argument
Is given if the Magistrates (1) refuse bail or (2) grant it subject to conditions, records reasons for refusal / conditions and is given to the defendant
If a defendant is refused bail in the magistrates court, can their solicitor make another application?
- Yes, at the first hearing after (even if reusing those arguments stated previously)
- At subsequent hearings, can only make another application if there is new information
PRESUMPTION IN FAVOUR OF BAIL MUST STILL APPLY
- unless they have been sent to Crown Court wherein they must make the appeal
If a defendant is refused bail in the MC, can they appeal this decision? How?
- Yes (provided MC has given a certificate of full argument)
- To the crown court, but likely this will only happen once the solicitor has made TWO FULL APPLICATIONS for bail in the magistrates court
Defendant appealing bail decision: Procedure
- Defendant’s solicitor completes a notice of application ASAP after MC decision
- Notice sent to Crown Court and MC and served on CPS
