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Flashcards in Criminal Week 1 Deck (23)
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1

CTLs should not be confused with

Restrictions on the length of time suspect can be held without charge in police station. They apply after charge, limiting time D can be remanded in custody before trial.

2

Expiry of CTLs

When CTL expires, D must be released on bail. However, P may apply before expiry for an extension if they can show:

1. Good and sufficient reason
2. They have conducted the case with due diligence and expedition

3

CTL for summary offences

56 days between first appearance and start of trial

4

CTL for either way in Mags'

70 days between first appearance and start of trial or D being sent to CC for trial

5

CTL for either way in CC

112 days between D being sent to CC for trial and start of trial (182 days total, because of the 70 day CTL between first appearance and D being sent to CC for trial)

6

Indictable only

182 days between D being sent to CC and start of trial

7

Jurisdiction for appeals against conviction in CC

Court of Appeal (Criminal Division). Can appeal from CA to SC if the appeal concerns a point of law of general public importance.

8

What happens (procedure) if D breaches bail conditions?

They may be arrested by a police officer without a warrant, if the officer has reasonable grounds to believe D is unlikely to surrender to custody or has breached or is likely to breach bail conditions, or if the surety has given written notice to the police that D is unlikely to surrender to custody and they wish to be relieved of the obligations.

After arrest for breach of bail conditions, D must be brought before the Mags within 24h excluding Sundays. Mags have to consider two questions:

1. Is D likely to abscond or breach bail conditions or have they already?
2. If yes, should D be granted bail and on what conditions?

Mags cannot withheld bail if D has not been convicted and there is no real prospect they will receive a custodial sentence.

9

Offence of failure to surrender to custody

This offence is committed where D surrenders late, as well as not at all. D must prove on the balance of probabilities that there was a reasonable cause. D will be brought before the court hearing proceedings in respect of which bail was granted, but it is entirely separate from the main offence; D can be dealt with for this even if acquitted for the main offence, and the sentence does not have to be proportionate to that for the main offence.

10

Consequences of failing to surrender to court having been granted bail

Depends on whether there was a good reason. If court accepts there is a good reason, case adjourned with D remanded on bail as before.

If not, a bench warrant may be issued for D's arrest. If it is thought D may have a good reason, the warrant may be backed for bail so D is released on bail after arrest. But this is thought to waste police time so preferable for warning letter to be sent to D’s last known address.

The trial may take place in D's absence, if there is a surety, recognisance will be forfeited, D may be convicted of the offence of failing to surrender, and D will have a reduced chance of being granted bail in the future: For the present case, the presumption against bail ceases to apply unless there is no real prospect D will be sentenced to a custodial sentence. If prosecuted for another offence, their record of failing to surrender in the past is a relevant consideration.

11

Medical certificate when failed to surrender to court having been granted bail

If D claims to be unfit, medical certificate should be produced. Unfit to work is not the same as unfit to attend court.

12

Prosecution appeal against bail

An appeal against Mags’ decision is to CC. If CC grants it, appeal to HC. Such appeals are possible only if D is charged with imprisonable offence, there was prosecution by CPS, CPS objected to bail at bail hearing, prosecutor gives notice of appeal at end of bail hearing before D released, and P serves written confirmation of intention to appeal within next two hours [NB. Can be to justices' clerk].

The appeal takes the form of a re-hearing and will be heard within 48h, excluding weekends and public holidays. In effect, this means within two days rather than literally 48h.

13

Bail applications in the CC

When the Mags refuse bail, the court must issue a certificate of full argument. D can then apply to CC for bail.

CC apps normally heard in private. D has no right to be produced from prison, but may appear by video link. The procedure is the same as the Mags'. If the application is unsuccessful, a further application can be made only if new arguments are put before the court.

14

If bail refused by Mags

D can make a bail app at the next hearing. If bail refused at the second hearing, a court at a subsequent hearing need not (though may) hear arguments as to fact or law which it has heard previously (but must hear e.g. arguments stemming from a change of circumstances).

It is NOT the case that Mags cannot hear arguments that were not previously put before the court but could have been.

A new application can contain old material.

15

How long can D be remanded in custody for

Generally cannot exceed 8 clear days, but D can consent to being remanded in their absence if they are legally represented, but can be remanded in their absence on no more than three consecutive occasions. This means D has to appear in court at least once a month.

16

When might conditional bail be granted?

If there is a real risk that D will fail to surrender, will commit offences while on bail, or will interfere with witnesses.

17

Bail conditions must be

Necessary to prevent the risk materialising.

18

Variation of bail conditions

P and D may apply for variation of conditions, e.g. if P find conditions ineffective or D finds them too onerous or impracticable.

19

Common bail conditions include

Residence
Reporting to police station
Keeping away from specified people/places
Surrendering passport
Curfew
Electronic monitoring
Sureties
Security

20

What is a surety and what must Counsel establish?

Third party promises to play specified sum (recognisance) if D absconds. Counsel must establish the proposed surety understands the obligation, has some influence over D, and has the necessary funds.

21

Security vs surety

Security is where D lodges assets with the court which they forfeit if they abscond.

22

Bail application procedure

Prosecution addresses the court first because they are applying for remand in custody. The defence respond.

A bail hearing starts with the prosecutor outlining the facts of the case and presenting their objections to bail based on info provided by police. It is very unusual for any evidence to be called.

The defence then make their application for bail, usually on the basis that prosecution objections are unfounded or that they can be met by the imposition of conditions.

The bench then decides what form remand should take. There are three options:

1. Unconditional bail
2. Conditional bail
3. In custody, where bail withheld.

23

Special provisions on bail where the offence is particularly serious

E.g. A person charged with or convicted of specific offences inc. murder, manslaughter and rape and who has been previously convicted of any such offence may be granted bail only if there are exceptional circumstances.

Murder: Only a CC judge can grant bail. A person charged with murder may not be granted bail unless the court is satisfied there is no significant risk of them committing whilst on bail an offence that could cause physical/mental injury to anyone else.