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Criminal Litigation > 03 Bail and Remands > Flashcards

03 Bail and Remands Flashcards

1
Q

When can the Crown Court adjourn a case?

A

At any stage before the case is sent to the Crown Court for trial

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2
Q

When can the Magistrates’ Court adjourn a case?

A

At any stage before or during summary trial

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3
Q

What is the starting point for adjourning a case?

A

The starting point is that the trial should proceed

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4
Q

What must the Court have regards to when considering adjournment?

A
  1. Court’s duty to deal with cases justly
  2. need for expedition / delay is inimical to the interest of justice
  3. Must be clear reasons for adjourning
  4. Interest of the accused / Public interest
  5. Consequences of adjournment
  6. Impact of adjournment on other cases
  7. Period of adjournment
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5
Q

True or False: An adjournment cannot be challenged?

A

False

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6
Q

How would an accused go about challenging an adjournment?

A

Judicial Review

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7
Q

How will the Divisional Court deal with challenges to decisions on adjournment?

A

Particularly slow to interfere with decisions on a adjournment

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8
Q

Who deals with Judicial Review?

A

The Divisional Court

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9
Q

Why are the Divisional Court particularly slow with dealing with challenges to decisions on adjournment?

A

adjournment decisions are discretionary to each court

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10
Q

What grounds would an appeal on a decision on adjournment be successful?

A

well-recognised but limited limited

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11
Q

What happens if Magistrates’ court refuse an adjournment and the prosecution has failed to provide evidence?

A

The charge is dismissed

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12
Q

Example of when prosecution charge may be dismissed following application to adjourn?

A

Where Magistrates’ court refuse adjournment and prosecution fail to submit evidence

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13
Q

When may the Court give information of when trial is to be resumed following acceptance of adjournment?

A

When adjourning, court may fix a time and place for trial

If it remands the accused, court may leave the time and place to be determined later

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14
Q

True or False: Court must decide time and place of trial when adjournment decision made?

A

False.

If it remands the accused, court may leave the time and place to be determined later

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15
Q

If Court remands the accused following adjournment decision, when can they give details of trial?

A

Court can leave time and place to be determined later

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16
Q

What may the Court do in terms of the accused following a decision on adjournment?

A
  1. Accused on Remand on Bail

2. Accused on Remand in custody

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17
Q

What happens at the of the period of adjournments if the accused is on remand?

A

accused is to appear before the court

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18
Q

What happens at the of the period of adjournments if the accused is on bail and bail is made continuous?

A

accused is to appear before the court every time to which proceedings may be adjourned

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19
Q

What must the court do in terms of the accused in adjourning proceedings for either-way offence?

A

Court must remand the accused

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20
Q

What are exceptions to remanding accused when adjourning either-way offence?

A
  1. if accused first appeared in answer to a summons/requisition
  2. accused not remanded at earlier hearing
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21
Q

When can the Magistrates’ court adjourn without remanding the accused?

A
  1. At all appearances for summary offences up to conviction

2. At appearances for either-way offences up to either determination for trial on indictment or summary conviction

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22
Q

When can the Magistrates’ court adjourn without remanding the accused in either-way offences?

A
  1. Up to determination for trial on indictment

2. Summary conviction

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23
Q

When does the question of bail arise when accused appears before the court in response to written charge and requisition?

A
  1. if Magistrates’ court chooses to remand the defendant rather than simply adjourning the case
  2. if there appears to be a good reason
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24
Q

True or False: when case is simply adjourned, court must fix date for the next hearing there and then? Why?

A

False? When a case is simply adjourned, there is no need to fix hearing at the time of adjournment

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25
Q

When must the date be fixed for the next hearing if accused is remanded? Why?

A

date can be fixed at the time as it becomes the date to which the accused is remanded

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26
Q

True or False: failing to come to court when on remand is always an offence?

A

False

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27
Q

When is failing to appear in court on date to which case is adjourned not considered an offence?

A

if the accused is not remanded

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28
Q

What may happen if accused fails to appear in court on date to which case is adjourned but is not considered an offence?

A
  1. Arrest warrant may be issued

2. proceedings conducted w/o accused

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29
Q

When is failing to appear in court on date to which case is adjourned considered an offence?

A
  1. if accused has been remanded on bail
  2. failure is w/o reasonable cause
  3. commits an offence under Bail Act 1976
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30
Q

True or False: a person who is brought before a court after an earlier remand may not be remanded again?

A

False

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31
Q

True or False: There may only be one remand hearing before case is sent to the Crown court/ commencement of Summary trial?

A

False. There may be several hearings

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32
Q

What are the limitations to to the number of remands?

A

There is no limit. Only at Judges’ discretion to refuse in the interest of justice

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33
Q

How can the court grant bail if the accused is not present?

A

Court may grant bail by simply appointing later time for the appearance

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34
Q

under what circumstances can the accused be remanded for a period greater than 8 days?

A
  1. If remand is on bail

2. If both accused and prosecution agree to a longer period of remand

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35
Q

What section of which legislation empowers the Secretary of State to make regulations fixing custody time limits?

A

s. 22 of the Prosecution of Offences Act 1985

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36
Q

What does s.22 of the Prosecution of Offences Act 1985 do?

A

It empowers the Secretary of State to make regulations on custody time limits

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37
Q

What does s.22 of the Prosecution of Offences Act 1985 empowers Secretary of state to do what?

A

make regulations on custody time limits

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38
Q

What does s.22 of the Prosecution of Offences Act 1985 empowers Secretary of state to make regulations fixing what?

A
  1. maximum period available to prosecution to complete any preliminary stage of proceedings for an offence
  2. maximum period for which an accused may be kept in custody while awaiting completion of that stage
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39
Q

What is an ‘overall time-limit’ ?

A

time which the prosecution must complete the preliminary stage of proceedings for an offence

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40
Q

What is a ‘custody time-limit’?

A

time which accused may be remanded in custody while the prosecution complete preliminary stages of proceedings for an offence

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41
Q

What is the maximum time limit between first appearance in Magistrates’ court and committal to the Crown court?

A

70 days

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42
Q

What is the maximum time limit between first appearance and Summary trial?

A

Triable either- way = 70 days

Summary = 56 days

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43
Q

What is the maximum time limit between committal to the Crown court and trial on indictment?

A

112 days

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44
Q

What is the maximum time limit for multiple committals?

A

112 days (per offence)

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45
Q

What is the maximum time limit for retrial directed by the Court of Appeal?

A

112 days

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46
Q

What is the maximum time limit between first appearance and Summary trial for Summary only offence?

A

56 days

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47
Q

What is the maximum time limit between first appearance and Summary trial for triable either-way offence?

A

70 days

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48
Q

Where the accused while he/she waits for the time limits per stage?

A

In custody

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49
Q

What constitutes as multiple committal?

A

charged with two or more offences

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50
Q

What is the maximum time limit between accused sent to Crown court for trial and start of trial?

A

182 days

any period held by Magistrates’ court must be deducted

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51
Q

What must happen to the time limit between when accused is sent to Crown court for trial and Start of trial to ensure fairness?

A

Any period accused is held by Magistrates’ court must be deducted from the 182 days time limit

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52
Q

What happens if time limit expires before completion of stage of proceedings in question?

What is the accused subjected to?

What duty does the accused have?

A

accused must be granted bail (subject to duty to attend trial)

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53
Q

When must accused be granted bail concerning time limits?

A

If time limits expires before completion of of stage of proceedings in question

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54
Q

When can the court extend the time limits?

A

At any time before the expiry of a time-limit

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55
Q

True of False: no extensions to any time limits

A

False. Time limits can be extended at any time before expiry of a time limit

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56
Q

What are the two matters to be satisfied before the court can extend a time limit?

A
  1. Prosecution has acted with all due diligence and expedition
  2. there is ‘good and sufficient cause’ for doing so
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57
Q

True or False: no extension is granted if time limit already extended?

A

False. an already extended limit may be further extended

58
Q

When must extension of custody time-limits be addressed?

A

at the time that a trial date is fixed

59
Q

What legislation governs bail in criminal proceedings?

A

Bail Act 1976

60
Q

What may happen to an accused if sent to the Crown Court by Magistrates’ Court?

A
  1. kept in custody

2. released on bail

61
Q

When can Magistrates’ Court grant bail following summarily conviction and custodial sentence?

A

pending determination of an appeal to the Crown Court or Divisional Court (by way of case stated)

62
Q

Who can the court grant bail to?

A

Any person

  1. sent in custody for trial in the Crown court
  2. given custodial sentence following conviction in the Magistrates’ court
  3. applied to court seeking judicial review
  4. Court granted certificate that the case is fit for appeal to the Court of appeal
63
Q

Who may not be granted with bail?

A

A person charged with murder

64
Q

who must be committed and cannot be granted bail

A

A person charged with murder

65
Q

What happens in respect to bail if accused is charged with another offence in addition to a murder charge?

A

Crown court judge must make decision about bail as soon as reasonably practicable

66
Q

What is the recommended period for Crown court judge to decide on bail following accused charged with further offence in addition to murder charge?

A

48 hours

67
Q

What is the 48 hours recommendation for in terms of bail?

A

period for Crown court judge to decide on bail following accused charged with further offence in addition to murder charge

68
Q

When will the Court of Appeal have jurisdiction to grant bail?

A
  1. if accused has served notice of appeal or notice of application to appeal against conviction/sentence in the Crown Court
  2. if accused is appealing from it to the Supreme Court
69
Q

What can the Court of Appeal do in respect to the accused if they quash a conviction or order a retrial?

A

grant bail to the accused

70
Q

When will the Court of Appeal not longer have jurisdiction to grant bail?

A

Once a fresh indictment has been preferred, jurisdiction belongs back to the Crown Court

71
Q

When will jurisdiction return to the Crown Court from the Court of Appeal?

A

Once a fresh indictment has been preferred

72
Q

What happens when a person who is on bail pleads guilty at the plea before venue?

A

continue bail even if anticipated that custodial sentence will be imposed

73
Q

True or False: an accused remanded in custody may be changed to bail? Why?

A

False. If accused in custody, it would be unusual for change if the reasons accused was remanded in custody has not changed

74
Q

True or False: Bail cannot be granted for Homicide offences?

Exceptions

A

True

Exceptional circumstances which justify bail

75
Q

What are the statutory grounds for refusing bail?

A

substantial grounds to believe that the defendant if granted bail would-

  1. fail to surrender to custody
  2. commit an offence while on bail
  3. interfere with witnesses or obstruct the course of justice
76
Q

What is the standard of proof necessary for refusing bail?

A

substantial grounds for believing

77
Q

True of False: the courts do not need to be satisfied the the bail grounds are more likely than not to occur?

A

False

78
Q

What happens if there are no real prospects of a custodial sentence?

A

bail cannot be withheld on any of the bail grounds

79
Q

True or False: the courts may still withhold bail even if there are no real prospects of custodial sentence?

A

False

80
Q

What should the courts ave regards to when taking a decision on bail? (5)

A
  1. nature and seriousness of the offence
  2. character, associations and community ties of the accused
  3. accused bail record
  4. strength of prosecution evidence
  5. substantial grounds for bail
81
Q

5 examples of other grounds for REFUSING bail?

A
  1. Risk to an associated person
  2. Own protection
  3. Already in custody
  4. Insufficient time
  5. Already on bail
82
Q

Exceptions to the presumption in favour of bail for imprisonable Summary Offences?

A
  1. accused previously granted bail and failed to surrender
  2. accused on bail at the time of current alleged offence
  3. substantial grounds
  4. own protection
  5. already serving custodial sentence
  6. not been practicable to obtain sufficient information to make decision on bail
83
Q

What happens if court grants unconditional bail?

A

accused simply has to surrender to custody at date and time specified

84
Q

True or False: court may impose conditions on bail?

A

True

85
Q

True or False: a person granted bail in criminal proceedings is under duty to surrender to custody?

A

True

86
Q

How is ‘surrender to custody’ defined?

A

Surrendering into custody of the court the accused has been bailed to attend

87
Q

True or False: accused can have themselves as a surety for bail?

A

False

88
Q

List some conditions which may be imposed by the court in respect to bail?

A
  1. surrenders to custody
  2. does not commit an offence on bail
  3. does not interfere with witnesses / obstruct the course of justice
  4. available to assist in sentencing
  5. attends interview with legal representative
89
Q

When can the court impose condition(s) to bail?

A

only if it is ‘necessary’

90
Q

True or False: the courts are limited to what conditions they can impose to bail?

A

False. courts can impose any condition providing it is to prevent the accused from absconding etc.

91
Q

What must a prosecutor who wants the court to impose a condition do?

A

they must specify the condition and explain it’s pupose

92
Q

List examples of common imposed conditions to bail?

A
  1. Condition of residence
  2. Electronic monitoring
  3. Condition not to contact
  4. Condition to surrender passport to police

etc

93
Q

What is a surety?

A

a person granted bak nat be required before release on bail, to provide one or more surety to secure the person’s surrender to custody

94
Q

True or False: an accused may only have 1 surety?

A

False

95
Q

When will the courts require one or more surety?

A

if there is a real risk of absconding

96
Q

What is the sole purpose of surety?

A

purpose of securing surrender to custody

97
Q

True or False: accused can give security for themselves?

A

True

98
Q

What happens if surety/security is given but accused absconds?

A

the court may order forfeiture of the security/surety

99
Q

What can accused give as security?

A
  1. Money

2. Valuable item

100
Q

True or False: accused me apply for bail conditions to vary?

A

True

101
Q

Who should an application to vary the conditions of bail be made to?

A
  1. The court which granted bail

2. Where accused was sent to Crown Court for trial/sentence

102
Q

When may prosecution make application to vary the conditions of bail?

A
  1. for existing bail conditions to be varied

2. unconditional bail = for conditions to be imposed

103
Q

What must a party who intends to apply to vary the conditions of bail do?

A

give advance notice to the court and the other party explaining what is sought and why

104
Q

When must the application to vary the conditions of bail be served?

A

not less than two business days before hearing which applicant wants court to consider application (if hearing is due)

105
Q

True or False: court may determine an application to vary conditions of bail without a hearing?

A

True

106
Q

When may court determine an application to vary conditions of bail without a hearing?

A

if variation as been agreed by both parties

107
Q

When should a hearing for the variation of the conditions of bail be heard?

A

no later than 5th business day after application is sought

108
Q

What are the consequences of breaching bail conditions?

under what provision?

A

accused may be arrested without a warrant under the Bail Act 1976?

109
Q

True or False: accused can only argue bail conditions once?

A

False

110
Q

True or False: accused may make repeat application to vary bail but must not use repeat arguments?

A

False. accused may make repeat applications even if arguments already placed

111
Q

When will the next hearing after bail hearing take place?

A

unless accused consents to being remanded while absent = 8 clear days

112
Q

When does 28 days remand in custody apply?

A

applies only when accused already remanded in custody for offence on a previous occasion

113
Q

What happens if accused’s second argued application to vary conditions of bail fails?

What is court’s continuing duty in respect to remand in custody?

A

court need not hear it anymore but must still consider if accused ought to remain in custody

114
Q

When must the court issue a certificate of full argument?

A
  1. Where court remands accused in custody and has heard the full argument for the first time
  2. previously heard the argument but is now satisfied that
  • change in circumstance
  • new consideration placed before it
115
Q

What must a certificate of full argument state?

A

any changes to circumstance

any new considerations placed before it

116
Q

What is the significance of a certificate of full argument?

A

right to apply to the Crown Court for bail is dependent on it

117
Q

When will an obligation to issue a certificate of full argument arise in the Magistrates court?

A
  1. if accused is remanded in custody following adjournment in summary trial for reports after conviction
  2. bail refused following adjournment for medical reports
118
Q

True or False: if accused is refused bail in Magistrates’ Court they can apply for bail in the Crown court?

A

True

119
Q

What does an accused need to apply for bail in the Crown Court?

A

A certificate of full argument

120
Q

True or False: an appeal can be made against a decision of Magistrates’ court to impose conditions?

A

True

121
Q

When must an accused serve a notice of appeal in respect to bail?

A

Appeal to Crown court for bail after withhold/refusal from Magistrates’

122
Q

When must prosecution indicate they wish to appeal a decision for bail?

A

at the conclusion of the proceedings

123
Q

Which court to appeal a Magistrates’ court decision for bail?

A

Through Crown Court

124
Q

TRUE OR FALSE: Court may withhold a case owing to lack of time for any type of proceeding regardless of the offence?

Why?

A

False.

Insufficient time is only a ground for withholding bail for imprisonable indictable offences

125
Q

T or F cannot grant bail on indictable offences? Why?

A

False, the presumption in favour of bail applies to indictable offences,

126
Q

the presumption in favour of bail applies to indictable offences T or F?

A

True

127
Q

T or F

Absolute discharges are only available in the adult magistrates’ court.

A

F

128
Q

T or F

A conditional discharge cannot be combined with a fine.

A

T

129
Q

T or F
Any magistrates’ court can deal with the breach of a conditional discharge imposed by a different magistrates’ court but only with the consent of the original magistrates’ court.

A

T

130
Q

T or F
A conditional discharge can only be breached by the conviction of the offender of an offence committed within the period of the discharge.

A

T

131
Q

T or F
a defendant who has a reasonable excuse for failing to attend court must surrender to court as soon as reasonably practicable after that excuse ceases to apply

A

T

132
Q

when the custody time limits will expire in Summary only offences?

A

56 days

133
Q

Summary only offence being tried in the magistrates’ court the maximum period in custody between first appearance and the court beginning to hear evidence for the prosecution is 56 days T or F? Why?

A

T

134
Q

Summary only offence being tried in the magistrates’ court the maximum period in custody between first appearance and the court beginning to hear evidence for the prosecution is 70 days T or F? Why?

A

F. 56 days

135
Q

Summary only offence being tried in the magistrates’ court the maximum period in custody between first appearance and the court beginning to hear evidence for the prosecution is 116 days T or F? Why?

A

F. 56 days

136
Q

When the custody time limits will expire for triable either way offences? exceptions?

A

70 days. unless the decision for summary trial is taken within 56 days in which case the limit is reduced to 56 days

137
Q

T OR F
Triable either way offence being tried in the magistrates’ court, the custody time limits is 70 days, unless the decision for summary trial is taken within 56 days (as here) in which case the limit is reduced to 56 days?

A

T

138
Q

Triable-either way offences being tried in the magistrates’ court has the maximum period in custody between first appearance and the court beginning to hear evidence for the prosecution is 70 days T or F? Why?

A

T

139
Q

Triable-either way offences being tried in the magistrates’ court has the maximum period in custody between first appearance and the court beginning to hear evidence for the prosecution is 116 days T or F? Why?

A

F. 70 days

140
Q

What is the exception to the maximum period in custody between first appearance and the court beginning to hear evidence for the prosecution for triable either way offences?

A

If the decision for summary trial is taken within 56 days then the limit is reduced from 70 days to 56 days

Criminal Litigation (14 decks)

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