3. Bail and Remands

Question 1

What is the power of the magistrates’ court to adjourn?

Answer 1

Under Section 10 of the Magistrates’ Courts Act 1980:
- The magistrates’ court can adjourn proceedings at any stage.
- Adjournments can occur before the case is sent to the Crown Court or during summary trial.
- The court may fix a time for trial resumption or leave the decision for later.

Question 2

What are the grounds for challenging adjournment decisions (3)

How can they be challenged

Answer 2

Adjournment decisions can be challenged through judicial review, but only on limited grounds such as:
- Error of principle.
- Error of law.
- Decisions that are plainly wrong.
Example: Refusal to adjourn despite bad weather preventing attendance by the defendant or solicitor.

Question 3

When can court adjourn proceedings

what must/may they do after

Answer 3

Under Section 10 of the Magistrates’ Courts Act 1980:
- The court can adjourn proceedings at any time.
- The court may fix a time for resumption or leave the decision for later.
- Exceptions apply if the accused is remanded.

Question 4

What are the rules for remanding the accused on adjournment?

Exceptions (2)

Answer 4

Under Sections 10 and 18 of the Magistrates’ Courts Act:
- The court may remand the accused in custody or on bail.
- Section 10 applies to summary offences before conviction and either-way offences before trial or conviction.
- Sections 10(4) and 18(4) require remand unless:
1. The accused first appeared in response to a summons or requisition.
2. The accused has not been remanded previously.

Question 5

What happens if the accused fails to appear after adjournment without being remanded? (2)

Answer 5

• No offence is committed.
• The court may issue an arrest warrant or proceed in the accused’s absence.

Question 6

What is the general rule for periods of remand in custody?

Answer 6

The general rule is that remand in custody lasts for a maximum of 8 clear days, except when the court permits an extension.

Question 7

What are the rules for further remands?

When can magistrates refuse adjournments

Answer 7

There is no statutory limit on the number of remands.

Magistrates have discretion to refuse adjournments if:
- The requesting party should have been ready to proceed.
- Granting the adjournment would be against the interests of justice.

Question 8

.

Answer 8

.

Question 9

How can period of remand on bail be increased

From what can it be increased

Answer 9

Remand on bail can exceed 8 days if both the prosecution and the defence agree to a longer period.

Question 10

Who sets custody time limits and for what purpose?

Answer 10

The Secretary of State has the power to set custody time limits and time limits for the prosecution to complete any preliminary stage of proceedings. Currently, only custody time limits are specified.

Question 11

What are the custody time limits for indictable offences between first appearance and committal?

Answer 11

For indictable offences:
- The maximum custody period between first appearance and committal is 70 days.

Question 12

What are the custody time limits for triable-either-way offences to be tried summarily?

Answer 12

For triable-either-way offences to be tried summarily:
- Maximum custody period is 70 days unless a decision for trial is made within 56 days, in which case the limit is reduced.

Question 13

What are the custody time limits for summary-only offences?

Answer 13

For summary-only offences:
- The maximum custody period is 56 days.

Question 14

What are the custody time limits between committal and trial on indictment?

Answer 14

The maximum custody period between committal and trial on indictment is 112 days.

Question 15

What are the custody time limits for cases sent to the Crown Court under Section 51?

From sending to trial

Answer 15

For cases sent to the Crown Court under Section 51:
- The maximum custody period is 182 days from sending to trial.
- Periods in magistrates’ custody must be deducted.

Question 16

What are the custody time limits for retrials ordered by the Court of Appeal?

Answer 16

For retrials ordered by the Court of Appeal:
- The custody time limit is 112 days from the ordering of the retrial.

Question 17

What is the custody time limit for voluntary bills of indictment?

Answer 17

For cases proceeding by voluntary bill of indictment:
- The custody time limit is 112 days from the date of the bill.

Question 18

What happens when custody time limits expire?

Answer 18

When custody time limits expire:
- The accused must be granted bail for the offence related to the expired time limit.

Question 19

When will crown court grant extension to custody time limits (2)

When must application be made (1)

Answer 19

The Crown Court may extend custody time limits if:
- The prosecution acted with all due diligence and expedition.
- There is good and sufficient cause for the extension.
- Applications should be made before the trial date is set if it falls outside the existing time limit.

Question 20

When can/cannot magistrates’ court grant bail?

Answer 20

The magistrates’ court can grant bail in a wide range of scenarios but cannot grant bail to a person charged with murder. Only the Crown Court has jurisdiction in murder cases.

Question 21

What is the power of the Crown Court to grant bail?

Answer 21

The Crown Court can grant bail to any person in a wide range of scenarios, including cases involving serious offences such as murder.

Question 22

What is the process for granting bail in murder cases?
- where
- time limit

Answer 22

Must be decided by CC judge

• Commital in custody to the Crown Court after appearance in the magistrates’ court (Section 115(4)).
• A Crown Court judge must decide as soon as practicable and within 48 hours of the magistrates’ court appearance (excluding weekends and public holidays).

Question 23

(3) When does presumption in favour of bail under the Bail Act 1976 apply?

Answer 23

Section 4(1) of the Bail Act 1976 creates a presumption in favour of bail for:
- Persons appearing before the Crown or magistrates’ court.
- Persons convicted of an offence where the case is adjourned for pre-sentence reports.
- Persons brought to court for an alleged breach of a community order.

Question 24

(3) When does the presumption in favour of bail not apply?

Answer 24

The presumption in favour of bail does not apply:
- Once the person has been convicted, unless adjourned for pre-sentence reports.
- To anyone seeking bail pending determination of an appeal.
- To offenders committed to the Crown Court for sentencing.

Question 25

If already on bail - What is the rule regarding bail following a guilty plea at a plea-before-venue hearing?

Answer 25

If the accused has been on bail and pleads guilty at the plea-before-venue hearing, bail should normally continue, even if a custodial sentence is anticipated. Exceptions may occur if good reasons exist.

Question 26

What is the rule for granting bail for homicide or rape if the accused has prior convictions?

Answer 26

Bail cannot be granted if the accused: - Is charged with murder, manslaughter, or rape and has prior convictions for these offences (or equivalent offences in EU states). - Bail may only be granted if exceptional circumstances justify it.

Question 27

What is the presumption regarding bail for murder cases? - presumption - test for bail to be granted

Answer 27

In murder cases, the presumption is reversed. Bail will only be granted if the court is satisfied there is no significant risk of the accused committing offences causing harm if released on bail.

Question 28

(3) What are the grounds for refusing bail to an accused charged with an indictable offence?

Answer 28

The court can refuse bail under Schedule 1, Part I, Paragraphs 2 to 6A of the Bail Act 1976 if: - There is a risk of absconding. - The accused may commit further offences while on bail. - There is a risk of witness interference or obstruction of justice.

Question 29

What is the standard of proof for refusing bail to an accused charged with an indictable offence?

Answer 29

The court must be satisfied there are substantial grounds for believing that the risks will occur. This is a question of fact, and formal evidence is not required.

Question 30

.

Answer 30

.

Question 31

5. What factors does the court consider when deciding whether to grant bail under Paragraph 2, Schedule 1 of the Bail Act 1976?

Answer 31

Factors include: - Nature and seriousness of the offence. - Character, antecedents, associations, and community ties of the accused. - The accused's record of answering bail in the past. - Strength of the evidence against the accused. - Risk of injury to others if the accused commits offences while on bail.

Question 32

.

Answer 32

.

Question 33

.

Answer 33

.

Question 34

Why is the strength of the prosecution case relevant to bail decisions?

Answer 34

An accused aware of a strong prosecution case is more likely to abscond, making the strength of evidence a significant factor in deciding bail.

Question 35

6 - What are the additional grounds for withholding bail under the Bail Act 1976?

Answer 35

Other grounds include: - Risk of injury to an associated person. - Accused already on bail for another offence. - Accused's own protection. - Accused already serving a custodial sentence. - Insufficient information for the court to decide on bail. - Accused has absconded in current proceedings.

Question 36

What is the definition of an 'associated person' in the context of bail decisions?

Answer 36

An associated person is defined under Section 62(3) of the Family Law Act 1996, which includes family members and others with close relationships to the accused.

Question 37

When can bail be withheld for the accused's own protection?

Answer 37

Bail may be withheld if custody is deemed necessary for the accused's welfare, such as preventing harm or self-endangerment.

Question 38

What happens if the accused absconds in current proceedings? - exception

Answer 38

Bail may be withheld if the accused absconds in current proceedings, but this does not apply if the accused is 18 or older and there is no real prospect of a custodial sentence.

Question 39

What are the rules for bail in cases involving abuse of drugs?

Answer 39

For accused persons over 18, bail may not be granted unless the court is satisfied there is no significant risk of committing further offences while on bail, under the following conditions: - Positive drug test for Class A drugs. - Connection to a Class A drug-related offence (e.g., possession, motivation, or cause). - The accused does not agree to assessment or follow-up treatment for dependency or misuse of Class A drugs.

Question 40

What are the four grounds for refusing bail that DO NOT APPLY TO imprisonable summary offences?

Answer 40

- interfere with witnesses/obstruct course of justice - on bail when committed the offence - failure to surrender - commision of further offences

Question 41

(4) What are the grounds for refusing bail to an accused charged with non-imprisonable summary offences?

Answer 41

Bail may be refused if: - The accused is under the age of 18 or has been convicted in the current proceedings and has failed to surrender to custody in the past. - The accused's welfare requires custody (e.g., if the accused is a child or vulnerable person). - The accused is already serving a custodial sentence. - The accused has been arrested under Section 7 of the Bail Act and the court is satisfied there are substantial grounds to believe that: 1. The accused would fail to surrender to custody. 2. The accused would commit an offence while on bail. 3. The accused would interfere with witnesses or obstruct the course of justice. - The accused is likely to engage in conduct causing harm or fear of harm to an associated person.

Question 42

What conditions can the court impose when granting bail?

Answer 42

The court may impose conditions to ensure that the accused: - Surrenders to custody. - Does not commit an offence while on bail. - Does not interfere with witnesses or obstruct the course of justice. - Is available for pre-sentence inquiries or reports (if necessary for sentencing). Conditions may also be imposed for the accused’s own protection or welfare, particularly for children or vulnerable individuals.

Question 43

What conditions can the court impose on bail?

Answer 43

Conditions may include: - Residence at a specified address. - Notification of any changes in address. - Reporting regularly to a police station. - Observing a curfew. - Avoiding certain areas or people. - Surrendering passports. - Prohibiting contact with victims or witnesses.

Question 44

What is electronic monitoring as a condition of bail?

Answer 44

Electronic monitoring (e.g., tagging) can be imposed as a condition to ensure compliance with bail requirements, such as curfews or location restrictions.

Question 45

What is the purpose of sureties in bail?

Answer 45

Sureties are used to ensure the accused’s attendance at court by providing a financial guarantee. If the accused fails to surrender, the surety may forfeit the specified amount.

Question 46

What is the purpose of deposit of security in bail?

Answer 46

The accused may be required to deposit money or valuable items with the court to ensure their attendance. This measure is primarily used to prevent absconding.

Question 47

(2) What is the procedure for applying to vary bail conditions?

Answer 47

Both parties may apply to vary bail conditions by: - Giving advance notice to the court and the other party. - Filing the application at least two business days before the scheduled hearing. - The court may determine the application without a hearing if all parties agree.

Question 48

How does court deal with application to vary bail conditions (2)

Answer 48

The court can: - Decide without a hearing if all parties agree. - Schedule a hearing no later than five business days after the application was served.

Question 49

.

Answer 49

.

Question 50

Procredure for bail in the magistrates' court in terms of who must be present + exception

Answer 50

Bail applications in the magistrates' court are treated as preliminary hearings. The rules include: - Decisions cannot be made unless all parties (including any sureties) are present in person or via link, or have had an opportunity to make representations. - If the accused is in custody, bail may be decided in their absence if: 1. They waived their right to attend. 2. They were present when bail was refused previously and have remained in custody.

Question 51

(3) What information must the prosecution provide during a bail application in the magistrates' court?

Answer 51

Under Rule 14.5(2), the prosecution must: - Specify the statutory exceptions to the presumption in favour of bail they rely on. - Provide relevant considerations for the court to assess. - No formal evidence is required, but voluntary submissions (e.g., police testimony or proposed sureties) may be presented.

Question 52

When can you make a second bail application Third one what are remand rules for these periods

Answer 52

The accused can make a fully argued bail application at their next hearing, even if the same arguments were presented to the previous court. Key rules include: - If the accused consents to being remanded in their absence, the next hearing must occur within eight clear days. - For subsequent hearings, remands can extend to up to 28 days after the accused has been remanded in custody at least once for the offence. - A second failed application limits the obligation for the court to hear repetitive arguments unless there is a change in circumstances.

Question 53

What is a certificate of full argument?

Answer 53

A certificate of full argument is issued when: - The court remands an accused into custody after a fully argued bail application. - It confirms whether the court has previously heard full arguments on bail. - The accused must be provided with a copy of the certificate, which is necessary to appeal to the Crown Court.

Question 54

What can an accused who has been refused bail by magistfates court (2)

Answer 54

An accused who has been refused bail by a magistrates' court may: - Apply for bail to the Crown Court. - Appeal against a decision of a magistrates' court to impose conditions on bail.

Question 55

What is the procedure for appealing bail decisions to the Crown Court? when should appeal hearing be heard

Answer 55

The procedure includes: - Providing written notice of intention to appeal using the prescribed form to: 1. The magistrates' court. 2. The Crown Court. 3. The prosecutor and any affected sureties. - The notice should include the reasons for the appeal and a copy of the certificate of full argument if required. - The appeal hearing should occur no later than the next business day unless directed otherwise by the Crown Court.

Question 56

What happens during a bail appeal hearing in the Crown Court?

Answer 56

During the hearing: - The prosecution summarizes objections to bail. - The defense responds to the objections. - The hearing follows a similar pattern to applications in the magistrates' court.

Question 57

(2) What are the rules for repeated bail applications in the Crown Court?

Answer 57

Repeated bail applications in the Crown Court are governed by Part IIA of Schedule 1 to the Bail Act 1976: - A second argued application may not be presented unless there are fresh arguments or new considerations. - The Crown Court must assess whether there is a material change in circumstances to justify revisiting bail.

Question 58

Where can prosecution appeal against a decision to grant bail?

Answer 58

The Bail (Amendment) Act 1993 allows the prosecution to appeal: - To the Crown Court if a magistrates' court grants bail. - To the High Court if the Crown Court grants bail in a context outside a magistrates' court appeal.

Question 59

(3) What are the conditions for the prosecution's right of appeal against bail?

Answer 59

The prosecution may appeal if: - The accused is charged with an offence punishable by imprisonment. - The prosecution is conducted by the DPP, CPS, or other authorized prosecuting authorities. - The prosecution made representations against bail before it was granted.

Question 60

(2) What is the procedure for prosecution appeals against bail? When must appeal be heard

Answer 60

The procedure includes: - Giving oral notice of appeal at the conclusion of proceedings where bail was granted. - Confirming the appeal in writing within 2 hours and serving notice to the court and the accused. - Ensuring the appeal is heard within 48 hours (excluding weekends and holidays).

Question 61

(3) What are the powers of the court when an accused fails to surrender to bail?

Answer 61

When an accused fails to surrender: - The court may issue an arrest warrant. - The magistrates' court may adjourn and extend bail. - The court may proceed in the accused's absence, subject to certain restrictions for either-way offences.

Question 62

when can police arrest in relation to breach of bail conditions (3) What must happen after arrest

Answer 62

If an accused breaches bail conditions, the police may: - Arrest the accused without a warrant if there are reasonable grounds to believe: 1. The accused is unlikely to surrender to custody. 2. Bail conditions have been breached or are likely to be breached. 3. A surety has provided written notice of concerns. - The accused must be brought before a magistrate within 24 hours of arrest.

Question 63

What happens after an alleged breach of bail conditions granted by the Crown Court? (3)

Answer 63

The accused is brought before a magistrate who may: - Continue bail as before. - Impose more stringent conditions. - Remand the accused in custody until the trial date or further order of the Crown Court.

Question 64

.

Answer 64

.

Question 65

What are the rules for withholding bail for somebody who is not likely to surrender to custody, or has broken or is likely to break any condition of his bail. exception

Answer 65

They can be arrested and remanded in custody or on bail For individuals over 18 who have not been convicted, bail cannot be withheld under Section 7 if there is no real prospect of a custodial sentence in the proceedings.

Answer 66

.

Question 67

What are the legal consequences of failing to surrender to bail? - consquences - extension

Answer 67

Under Section 6 of the Bail Act 1976: - Failing to surrender to custody without reasonable cause is an offence punishable by up to: 1. Three months imprisonment and/or a fine on summary conviction. 2. Twelve months imprisonment and/or an unlimited fine on indictment. - If the accused has a reasonable cause but fails to surrender as soon as reasonably practicable, they also commit an offence.

Question 68

What is the procedure for prosecuting offences under Section 6 of the Bail Act 1976 - offence of absconding?

Answer 68

The procedure includes: - Initiation of proceedings by the court or the prosecutor. - The charge must be put to the accused, who should enter a plea. - The burden of proof is on the accused to demonstrate reasonable cause for failing to surrender.

Question 69

What is the procedure for dealing with an alleged breach of bail conditions granted by the Crown Court?

Answer 69

The procedure includes: - The accused is brought before a magistrate for an inquiry. - If no breach is found, bail continues as before. - If a breach is found, the magistrate may: 1. Continue bail as before. 2. Impose more stringent bail conditions. 3. Remand the accused in custody until the trial date or further order of the Crown Court.

Question 70

What factors does the magistrate consider in an inquiry into an alleged breach of bail conditions?

Answer 70

The magistrate considers: - Whether there is evidence of a breach of bail conditions. - Whether the accused is likely to comply with future bail conditions. - The risks associated with continuing or revoking bail.

Question 71

What are the key objectives of bail proceedings?

Answer 71

The key objectives include: - Ensuring the accused attends court. - Minimizing the risk of reoffending while on bail. - Preventing interference with witnesses or obstruction of justice. - Balancing the accused's right to liberty with public safety concerns.