Bail

Question 1

Define Remand

Answer 1

When a D is sent away and told to come back another day - can either be in custody or community - prosecution must apply for custody

Question 2

Where do we find the presumption to bail

Answer 2

Bail Act 1976 s4

Question 3

Where in process does right to bail not exist

Answer 3

appeal of conviction
Ds committed from Mags to Crown for sentencing

Question 4

List main 3 Grounds of Objection for indictable offence

Answer 4

Substantial grounds for believing D will: 1 fail to attend subsequent hearing 2 commit further offences on bail 3 interfere with witnesses or otherwise obstruct course of justice

Question 5

what are the barriers to objecting to bail?

Answer 5

substantial grounds = substance and merit
no real prospect = must have real prospect of getting custodial sentence

Question 6

list 2 objections to bail for summary offences

Answer 6

breach condition of bail
failure to surrender in past

Question 7

On what grounds Need a D not be granted bail (x3)

Answer 7

remand in custody for Ds protection
court has insufficient info - short period to allow collection of evidence
already serving sentence in custody

Question 8

what headings are the specialist grounds for bail under

Answer 8

serious cases with high penalties
cases of particular nature that affect assessment of risk posed by D on bail

Question 9

what are the four groups of offences

Answer 9

serious (murder and rape)
particular character (drugs and DV)
D infringes bail
everything else

Question 10

what 5 factors must be considered when considering grounds for bail

Answer 10

nature and seriousness of offence and likely sentence
character of the D, D antecedentsm associations and community ties
D previous bail record
strength of evidence
risk that accused may engage in conduct likely to cause physical or mental injury to anyone else

Question 11

what are custody time limits for remand in custody to mags and crown court respectively

Answer 11

56 days for mags on summary only or either-way
182 days for trials in Crown of indictable or either way (less any days prior being sent to the Crown Court)

Question 12

what is the mags court power to adjourn hearings?

Answer 12

before or during a summary trial, taking into account overriding objective and ensure conlcuded asap

Question 13

what factors must a court consider when deciding to adjourn

Answer 13

duty to deal with case justly
need for expedition
mags proceedings hould be simple and speedy
cogent reasos
history of case
nature of evidence - fading?
interests of co-accused
interest of witnesses
interest of accused
expense
effect of adjournment generally
who’s fault adjournment it

Question 14

what should court consider when prosecution fail to disclose material

Answer 14

whether its disclosure would resolve any issues (short adjournment to allow)

Question 15

in what circs can an appeal of refusal to adjourn be made

Answer 15

where there are new circumstances
judicial review- High court will only intervene if compelling

Question 16

What are maximum periods of remand in custody

Answer 16

mags for mags trial- 8 days until first appearance , 28 day renewal thereafter up to a maximum of 56 days
crown - first app - committal 70 days, committal - trial 112 - total 182 days

Question 17

what is purpose of S22 of Prosecution of Offences Act 1985

Answer 17

set maximum period av to prosecution to complete pre-lim stage and max period of accused to be kept in custody

Question 18

WHat is the effect of a time limit expiry

Answer 18

accused must be granted bail in relation to at least 1 offence

Question 19

on what grounds can prosecution seek extension to time limit of custody

Answer 19

has acted with due diligence and expedition
good and sufficient cause for doing so

Question 20

how does S4 Bail act impact bail from police station

Answer 20

does not apply, but once detainee has bee charged s38(1) PACE imposes custody officer a duty to grant bail unless refusal can be justified on grounds similar

Question 21

what is impact of indication of guilty plea at a plea before venue hearing

Answer 21

no impact, proceed with bail as usuala

Question 22

what offences fall under exception to presumption of bail

Answer 22

may not grant bail to those charged with or convicted of murder, manslaughter, rape or attempts of these (broad def inc if defence of insanity pled)
court should go through usual process of taking circs in to account

Question 23

when might bail on conviction for murder be granted

Answer 23

court of opinion that there is no significant risk that the accused will commit offence that would/would be likely to cause physical or mental injury to another

Question 24

What might be other reasons to withhold b ail

Answer 24

Domestic Violence
already on bail from another offence at time of offence
own protection
already in custody
insufficient time
absconded in present proceeding
involves abuse of drugs

Question 25

grounds for withholding bail in non-imprisonable offence

Answer 25

under 18 and previously failed to surrender protection already in custody under 18 and believed would FTS/reoffence/interfere over 18 and beleied would FTS/reoffend/interfere cause phys/mental injury or cause to fear (e.g DV)

Question 26

what is purpose of conditions attached to bail

Answer 26

surrender to custody (always part of unconditional bail) not commit offence not interfere with witness/obstruct course of jsutice available for making inquiries attend interview

Question 27

when can conditions be imposed?

Answer 27

when necessary

Question 28

what are some examples of conditions

Answer 28

residence at address notification of any changes to address periodic reporting curfew restraining order on places or people surrender of passport.... not limited electronic tagging sureties (another person) security (D)

Question 29

who can apply to vary bail conditions and how?

Answer 29

any party can be agreed between parties notify court - not less than 2 days before hearing at which it is to be heaqrd - not more than 5 daysat

Question 30

What is impact of breach of bail condition?

Answer 30

arrest without warrant and withdrawal of bail

Question 31

Bail Application procedure - what kind of hearing is and how is it determined

Answer 31

pre-lim hearing 0 video link ok, presumption of bail applies so prosecution must move to have it denied and defence respond. prosecution only allowed to reply to defence insofar as there has been a mis-statement of fact

Question 32

how many bail appeals can a D make and to whom?

Answer 32

3 total, 2 to magistrates and 1 to crown (with certificate of full argument from mags) can be heard in Ds absence

Question 33

process for appealling to crown for bail

Answer 33

notice of intention to make applicatino made - Crown must hear NLT 1 business day after having had sight of cert which explains reasons for withholding cannot reapply after this

Question 34

can prosecution appeal decision to grant bail?

Answer 34

yes - to Crown court for Mags bail and High Court for Crown Ct bail only where imprisonable offence conducted by DPP initially challenge bail

Question 35

what is procedure forprosecution appeal

Answer 35

appeal within 2 hours of decision D remanded until decided heard in Crown/High Court within 48 hours excluding weekend/public hols

Question 36

when can an officer arrest someone for breach of bail conditions

Answer 36

when they have breached or are about to breach condition reason to believe likely to FTS surety wishes to be relieved of obligations

Question 37

which court deals with breach

Answer 37

where accused sent for trial in crown from mags, mags must hear if crown granted bail then to crown for breach

Question 38

what consequences will baile dperson Face if mags of the opinion they will FTS/break condition

Answer 38

if mags of opinions they will FTS/break cond then can remand or impose more onerous conditions still subject to no real prospect rule

Question 39

is there any defence to breach?

Answer 39

no need for evidence, submission just need to be made - hearsay can be relied upon reasonable excuse is not a defence but can be considered once breach established to decide whether or not to re-grant

Question 40

is breach of bail condition an offence?

Answer 40

no - but absconding is (s6 Bail Act 1976) - FTS without reaosnable cause - punishable by contempt of court porceedings - liable for up to 12 months imprisonment will be heard by trial court without a jury

Question 41

is it possible to challenge decision to refuse/grant adjournment?

Answer 41

yes - by JR - but only if compelling - weigh up public interest of proceedings vs impact on fair trial eg bad weather means one party and their legal rep cannot attend

Question 42

what is the purpose of remanding the defendant?

Answer 42

remand = fixign date for them to return on adjournment - should be done forthwith else they commit no offence if failing to attend if simply adjourned must be done unless remand already exists or is answering summons/recquisition

Question 43

when can remand from mags be greater than 8 clear days?

Answer 43

where on bail and accused and P agree

Question 44

what is the effect of the expiry of a custody time limit?

Answer 44

MUST be granted bail in relation to the offence to which the time limit corresponds

Question 45

what criteria must be met to extend time limit for custody?

Answer 45

- due diligence and expedition - good and sufficient cause