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Crime 03 - Bail and remands > Crime Syllabus 03 > Flashcards

Crime Syllabus 03 Flashcards

1
Q

Remand

WHAT

A

Order to appear

What happens to (D)

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2
Q

Remand

Types

A

Remand on Bail

Remand in Custody

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3
Q

Adjournment

WHAT

A

Order by court to defer

What happens to ‘Case’

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4
Q

Adjournment

Overriding objective

A

Criminal cases be dealt with justly
Discourage = Delays
Encourage = Case management

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5
Q

Adjournment

Types

A

Adjournment = Fixed date + (D) Remand

Simple Adjournment = NO date + (D) Liberty remains

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6
Q

Court

Fail to appear - NOT Remand

A

NO Offence

Result = Bench Warrant (arrest); Trial in absence

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7
Q

Court

Fail to appear - Remand on bail

A

Offence

Result = Bench Warrant (arrest); Adjournment (reasonable excuse); Trial in absence

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8
Q

Remand

Time limit - Remand on bail

A

NO time limit

(D) + (P) Agreement

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9
Q

Remand

Time limit - (MC) Remand in custody

A

Police station = 3 clear days

Prison = 8 clear days

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10
Q

Remand

Further remands

A

NO Limitation

Unless = Interest of justice

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11
Q

Custody

Time limit - First Appearance to Summary trial

A

56 days

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12
Q

Custody

Time limit - First Appearance to Committal proceedings

A

70 days

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13
Q

Custody

Time limit - Committal proceedings to Trial on indictment

A

112 days

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14
Q

Custody

Time limit - First Appearance to Trial on indictment

A

182 days

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15
Q

Custody

Time limit - Breach

A

Automatic bail

Duty to attend

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16
Q

Custody

Time limit - Application to extend

A

(P) Acted with due diligence and expedition

Sufficient cause

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17
Q

Custody

Time limit - (P) Sufficient cause

A

Nature of offence
Complexity of law
Public protection

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18
Q

Bail

General Right

A

Rebuttable presumption in favour

Bail Act 1976 s. 4

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19
Q

Bail

Presumption in favour - WHEN

A

Application for bail

Breach Community Orders

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20
Q

Bail

NO Presumption in favour / discretion - WHEN

A

On Bail + Committed (Indictable)
Conviction
Appeal = Sentence

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21
Q

Remand on Bail

(MC) Reasons MAY

A

Adjournment
Summary conviction = Reports
Committal for sentence

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22
Q

Remand on Bail

(CC) Reasons MAY

A

Committal for trial
Adjournment
Appeal = Bail application; Conviction
Certificate ‘fit for appeal’

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23
Q

Bail

NO right

A

Serious Charge + Previous Serious Conviction

Unless = Exceptional circumstance

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24
Q

Bail

Serious Charge

A

Serious Sex Offence
Rape
Homicide + Custodial Sentence

25
Q

Bail

Murder

A

NO significant risk (D) harm
Crown Court Judge
Hearing = Within 48 hrs committal

26
Q

Withhold bail

Statutory exceptions = IF

A

Bail Act 1976, schedule 1

27
Q

Withhold bail

Court satisfied

A

Substantial Grounds to Believe (10 reasons)

28
Q

Withhold bail

Considerations

A 
Right to liberty
Nature + Seriousness
Evidence
Antecedents
Bail Record
Character + Associations + Community Ties
29
Q

Withhold bail # 1

Indictable / Either-way + Imprisonable

A

SGB = Fail to surrender
SGB = Commit further offence
SGB = Interfere with witness
Unless NO real prospect of custodial sentence

30
Q

Withhold bail # 2

Indictable / Either-way + Imprisonable

A

On Bail + Committed (Indictable or Either-way)

Unless NO real prospect of custodial sentence

31
Q

Withhold bail # 3

Indictable / Either-way + Imprisonable

A

Pre-sentence Report

32
Q

Withhold bail # 4
Indictable / Either-way + Imprisonable
Summary + Imprisonable

A

Class A Drug motivated offence
+ Drug test = Positive
+ Refused assessment
Unless NO risk of offence

33
Q

Withhold bail # 5
Indictable / Either-way + Imprisonable
Summary + Imprisonable

A

Insufficient information = Name; Address; Investigation

34
Q

Withhold bail # 6
Indictable / Either-way + Imprisonable
Summary + Imprisonable
Non-imprisonable

A

(D) Protection

35
Q

Withhold bail # 7
Indictable / Either-way + Imprisonable
Summary + Imprisonable
Non-imprisonable

A

Serving sentence

36
Q

Withhold bail # 8
Indictable / Either-way + Imprisonable
Summary + Imprisonable
Non-imprisonable

A

Breach bail conditions
+ Current proceedings
+ Substantial Grounds to Believe
Unless NO real prospect of custodial sentence

37
Q

Withhold bail # 9
Summary + Imprisonable
Non-imprisonable

A

Believe ‘Fail to surrender’ + Previous ‘Fail to surrender’

38
Q

Withhold bail # 10
Summary + Imprisonable
Non-imprisonable

A

Risk to ‘Associated Person’

39
Q

Bail conditions

Unconditional

A

Duty to surrender = Date + Place

40
Q

Bail conditions

Conditional - Examples

A 
Residence
Curfew
Electronic tagging = Consent
Non-contact order
Report to Police
Surety (promise to court)
Security (sum paid to court)
41
Q

Bail conditions

Conditional - Purpose

A 
Assist = Sentencing report; Legal representative
Prevent = FTS; Offence; Interfere
42
Q

Bail conditions

Conditional - WHEN

A

Necessary

OR (D) Protection

43
Q

Bail conditions

Vary Conditions

A

Agreement

Application = (P) and (D); Notice (2 days; Reasons)

44
Q

Bail procedure

(MC) - Application 01

A

(P) Representations = Offence facts; Antecedents; Statutory exceptions; Sureties; NOT Below sentence
(D) Representations = ‘Arguments X’; NO Risk; Bail conditions

45
Q

Bail procedure

(MC) - Application 02

A

(D) Representations = Repeat ‘Arguments X’
Certificate of Full Argument
Hearing = Within 8 clear days

46
Q

Bail procedure

(MC) - Application 03 +

A

(D) Representations = ‘Arguments Y’
New considerations
Change in circumstance

47
Q

Bail procedure

(CC) - Application 03

A

(D) Notice = (P) + MC + CC
Time = ASA Reasonable
Certificate of Full Argument + Reasons
(P) Representations = Offence facts; Antecedents; Statutory exceptions; Sureties; NOT Below sentence
(D) Representations = ‘Arguments X’; NO Risk; Bail conditions
Hearing = Within 1 clear day (notice)

48
Q

Bail procedure

(CC) - Application 04

A

(D) Representations ‘Arguments Y’
New considerations
Change in circumstance

49
Q

(P) Bail appeal

Applications # (of times)

A

Once = (MC) OR (CC)

50
Q

(P) Bail appeal

Required

A

Imprisonable offence

DPP Prosecution = CPS; HMRC

51
Q

(P) Bail appeal

Procedure

A

Objection at Bail
Notice = Oral (upon release); Writing (2 hrs)
Hearing = Within 2 clear days

52
Q

Bail breach

Fail to surrender

A

Offence = Bail Act 1976 s. 6

53
Q

Bail breach

FTS - Result

A

Bench Warrant = Arrest
Loss = Surety (promise); Security (payment)
Trial in absence
Adjourn = Reasonable excuse

54
Q

Bail breach

FTS - Reasonable excuse

A 
Burden on (D)
Standard of proof = Balance of probabilities
55
Q

Bail breach

FTS - Max. sentence

A 
(MC) = 3 months + £5k fine
(CC) = 12 months + Unlimited fine
56
Q

Bail breach

Conditions

A

NOT Offence

Hearing = Within 24 hrs

57
Q

Bail breach

Conditions - Police Arrest

A

Belief = NOT surrender; Break condition

Surety notice

58
Q

Bail breach

Conditions - 2 Stage Test

A
  1. Breach

2. Reasonable excuse + Bail purpose

59
Q

Bail breach

Conditions - Result

A

Remand on bail = Same conditions; New conditions
Remand in custody = NOT surrender; Break condition
Loss = Surety (promise); Security (payment)

Crime 03 - Bail and remands (1 decks)

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