Bail applications

Question 1

What is the custody time limit for summary only offences?

Answer 1

56 days (from first appearance to trial)

Question 2

What is the custody time limit for cases sent to the Crown court (from first appearance in the mags to committal to crown)?

Answer 2

70 days

Question 3

What is the custody time limit for either way offences being tried in the magistrates’ court?

Answer 3

70 days but reduced to 56 if an allocation hearing is held within the first 56 days

Question 4

What is the custody time limit for indictable only offences sent to the Crown court?

Answer 4

182 days

Question 5

If the prosecution want to extend the custody time limit what must they show?

Answer 5

That there is good and sufficient cause for the extension and that it has acted with due diligence and expedition.

Question 6

What is the general rule for defendants in terms of bail?

Answer 6

They have a prima facie right to bail

Question 7

Are there any exclusions to the ‘right to bail’?

Answer 7

Yes:
1. the right to bail does not exist where the defendant appeals following summary conviction to the Crown Court against conviction or sentence or to the High court by way of case stated
2. Where the defendant has been committed to the Crown court for sentence following conviction in the magistrates’ court
3. where the defendant is charged with, or convicted of, murder, attempt murder, manslaughter, rape, or attempted rape and has previously been convicted of any of these offences
4. In murder cases, bail may not be granted unless the court is satisfied that there is ‘no significant risk’ that if release on bail the defendant would commit an offence that would likely cause physical or mental injury to another person

Question 8

Can the Magistrates’ court grant bail in cases of murder?

Answer 8

No, a defendant is sent forthwith to the Crown Court and a Crown Court judge must decide about bail within a 48 hour period

Question 9

What are the grounds for opposing bail for defendants accused or convicted of indictable imprisonable offences?

Answer 9

If there are ‘substantial grounds for believing’ the defendant will:
1. fail to surrender
2. commit further offences
3. interfere with witnesses/obstruct the course of justice
4. cause harm to an associated person
5. the offence was committed whilst the defendant was on bail
6. for their own protection
7. they are already serving a custodial sentence
8. they have been arrested for absconding

Question 10

What are the grounds for opposing bail for defendants accused or convicted of summary only imprisonable offences?

Answer 10

The defendant need not be granted bail if:
1. the court believes they will fail to surrender/previously failed to surrender
2. on bail at time of offence and there are substantial grounds for believing they would commit further offences
3. substantial grounds to believe they would commit offence likely to cause physical or mental injury to an associated person
4. own protection
5. already serving prisoner
6. arrested for absconding/breaching bail

Question 11

What are the grounds for opposing bail when a defendant is charged solely with an offence that is not punishable with imprisonment?

Answer 11

Bail need not be granted if:
1. they have been convicted, previously failed to surrender and the court believes they would again fail to surrender
2. for their own protection
3. they are already serving a custodial sentence
4. they have been convicted of an offence, have been arrested for absconding/breaching bail and there are substantial grounds to believe they would fail to surrender, commit further offences, interfere with witnesses or obstruct the course of justice
5. risk of harm to an associated person

Question 12

What statutory factors must the court take into consideration when deciding on bail?

Answer 12

1. the nature and seriousness of the offence and the probable method of dealing with the defendant for it
2. the defendant’s character, antecedents, associations and community ties
3. the strength of evidence against the defendant
4. the defendant’s previous record on bail
5. risk of harm to any person
6. any other relevant factor

Question 13

If the court is of the view that, in light of the statutory factors, the defendant does not pose a real risk in respect of any of the exceptions to the general right to bail, what should the court grant?

Answer 13

Unconditional bail

Question 14

If the defendant is granted bail, when can conditions be imposed?

Answer 14

Only where it appears to the court that it is necessary to do so:
- to prevent the defendant absconding
- to prevent commission of further offences
- to ensure they do not interfere with witnesses
- for their own protection
- to ensure they are available to enable inquiries or a report to assist with sentencing

Question 15

What conditions can be imposed on a defendant on bail?

Answer 15

1. Surety
2. Security
3. Residence
4. Curfew
5. Non-communication
6. Restriction on location
7. Reporting
8. Surrender of passport

Question 16

When is the right to make a further full bail application available?

Answer 16

At the first hearing following the initial refusal of bail.

Question 17

When can the prosecution appeal against the granting of bail?

Answer 17

This is only permitted where the defendant is charged with or convicted of an imprisonable offence.

Question 18

What courts can the prosecution appeal against a decision to grant bail?

Answer 18

Crown court for decisions made in the magistrates’ court or High court for decisions made at the Crown court

Question 19

What must the prosecution do if they are appealing the granting of bail?

Answer 19

Give oral notice to the court which has granted bail at the end of the hearing before the defendant is released. They must also serve written notice of appeal not more than two hours after informing the court of the decision to appeal.

Question 20

If a defendant is arrested for breaching their bail conditions or likely to, when must they be brought before the court?

Answer 20

Within 24 hours