Bail

Question 1

What are the custody time limits for remands before conviction?

Answer 1

Basic rule: not more than 8 clear days at a time§

Extension: can be up to 28 days if:
a. Has previously remanded them in custody for the same offence &
b. They are before the court &
c. Court can set a date to remand them to on which it expects the next stage of proceedings to take place

Overall max period in MC:

• Either-way: 70 days before trial (if allocation hearing takes place within 56 days, reduced to 56)
• Summary: 56 days before trial

Question 2

When can the prosecution apply to the court to extend the custody time limit before conviction?

Answer 2

Can apply (orally or in writing) to extend if there is good & sufficient cause to do so + has acted with due diligence

Must serve written notice of intention on court & defendant not less than 2 days before hearing

Question 3

What are the remand time limits after conviction?

Answer 3

In custody = successive periods of not more than 3 weeks

On bail = successive periods of not more than 4 weeks

Question 4

Who does the presumption of bail not apply to? (3)

Answer 4

Defendants who have been committed to CC for sentence

Defendants appealing against conviction or sentence

Defendants charged or previously convicted of a specified offence (murder, attempted murder, manslaughter, rape, attempted rape, serious sexual offences)

Question 5

What are the exceptions to the right to bail?

Answer 5

Where substantial grounds for believing D, if released on bail, would:
1) Fail to surrender to custody
2) Commit an offence while on bail
3) Interfere with witnesses or otherwise obstruct course of justice

Question 6

What are the 4 factors that should be considered when deciding whether there is an exception to the presumption bail (ie. substantial grounds…)?

Answer 6

→ The nature & seriousness of offence (& probable sentence D will receive)

→ The strength of evidence against D

→ The character, antecedents, associations & community ties of D

→ D’s record in respect of previous grants of bail in criminal proceedings

Question 7

What are some of the conditions that the courts can impose on bail? (9)

Answer 7

• Surety
• Security
• Reporting to a police station
• Residence requirements
• Curfew
• Non-communication with prosecution witnesses
• Not to enter specified areas
• Attending appointments with solicitor / Probation Service
• Surrendering passport

Question 8

Who are the court unlikely to accept as a surety for the defendant?

Answer 8

A person who has a criminal record, lives a long distance from the defendant or has no financial means

((Solicitor should never be surety for client))

Question 9

When can the court remand a defendant in custody for up to 28 days (instead of 8)?

Answer 9

If:

a. It has previously remanded them in custody for the same offence and

b. They are before the court and

c. Court can set a date to remand them to on which it expects the next stage of proceedings to take place

Question 10

What is the overall maximum time period of remand before conviction in the magistrates court?

Answer 10

Either-way: 70 days before trial
(if allocation hearing takes place within 56 days, limit reduced to 56)

Summary: 56 days before trial

Question 11

How long can the magistrates remand a defendant in police custody for before conviction?

Answer 11

Up to 3 days

(Will usually be kept in prison or remand centre)

Question 12

What is the procedure for applying for bail?

Answer 12

Prosecution notify defence they object to bail & give them all related material info
↓
Prosecution apply to mags for remand in custody, outlining objections to bail & D’s previous convictions
↓
Defence respond to prosecution arguments (can call witnesses in support)
↓
Mags decide

Question 13

If the defendant is granted bail, can the prosecution appeal?

Answer 13

Only if the offence is imprisonable

Appeal to CC judge in chambers

1. Must give oral notice at end of bail hearing before D released that intend to appeal
2. Notice must be confirmed in writing & served on D not more than 2 hours after
3. CC must hear appeal ASAP & not later than 2 business days after appeal notice served

Question 14

What is the procedure where the prosecution are appealing grant of bail?

Answer 14

1. Must give oral notice at end of bail hearing before D released that intend to appeal
2. Notice must be confirmed in writing & served on D not more than 2 hours after
3. CC must hear appeal ASAP & not later than 2 business days after appeal notice served

Will be heard by CC judge in chambers

Question 15

Can the defence appeal if the magistrates refuse bail?

Answer 15

Yes if magistrates have issued certificate of full argument

Must complete notice of application & send to CC, MC, CPS

Appeal will be heard by CC judge in chambers

Question 16

How many applications for bail before the magistrates can the defence make?

Answer 16

Two full applications (ie. using any argument as to fact or law & repeating application)

At any subsequent hearing, court doesn’t hear any arguments it has already heard (ie. make further application only if have new argument of fact or law)

Question 17

What are the two offences of absconding?

Answer 17

s6(1): Failing without reasonable cause to surrender to custody

s6(2): Having reasonable cause for failing to surrender but then failing to surrender as soon as was reasonably practicable to do so

Question 18

What happens if a defendant fails to surrender?

Answer 18

Magistrates will issue warrant for their arrest

→ CPS decide whether D charged with offence if D has not appeared before court yet (court decide if has already appeared)

Question 19

What are the consequences of failure to surrender?

Answer 19

Court may either sentence immediately (for absconding offence) or adjourn sentence until conclusion of substantive proceedings

Will likely refuse bail even if not charged with separate absconding offence

Question 20

Does a defendant who breaches a bail condition (other than condition to attend next hearing) commit a criminal offence by breaching?

Answer 20

No, but does provide police with the power of arrest

Police can arrest person who has been bailed if court reasonably believes that person

• Not likely to surrender to bail, or
• Has broken or is likely to break their bail conditions

Question 21

When can the police arrest a person who has been bailed?

Answer 21

If court reasonably believes that person

• Not likely to surrender to bail, or
• Has broken or is likely to break their bail conditions

Must be brought before mags within 24 hours, who decide whether to remand or bail with/out conditions