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Criminal Litigation > 3. Bail and remands > Flashcards

3. Bail and remands Flashcards

1
Q

Those on unconditional bail must surrender to custody by turning up to court on the required day at the required time. True or false?

A

True

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2
Q

According to the Prosecution of Offences (Custody Time Limits) Regulations 1987 - what is the custody from first appearance in custody (i.e. the first appearance before the court charging a person with the offence) to the start of the trial for a summary only offence?

(Sprack, 7.23)

A

56 days

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3
Q

According to the Prosecution of Offences (Custody Time Limits) Regulations 1987 - what is the custody from first appearance in custody (i.e. the first appearance before the court charging a person with the offence) to the start of the trial for an either way offence?
(Sprack, 7.23)

A

56 days unless the Court or defendant elects Crown Court Trial.

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4
Q

According to the Prosecution of Offences (Custody Time Limits) Regulations 1987 - what is the custody from first appearance in custody (i.e. the first appearance before the court charging a person with the offence) to the start of the trial in the case of indictable only offences?
(Sprack, 7.23)

A

182 days

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5
Q

What, according to the Bail Act 1976 Schedule 1 Paragraph 2 are the three reasons that are permissible for a refusal to grant bail to someone charged with an imprisonable offence?

A

The Court can refuse bail if it is satisfied that there are “substantial grounds” to believe that the defendant might:

1) Fail to surrender to custody
2) Commit an offence whilst on bail
3) Interfere with evidence or the course of justice

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6
Q

What is the standard of proof for reasons under Bail Act 1976 Schedule 1 Paragraph 2?

A

The court merely needs to be satisfied that there are substantial grounds. This is lower than even “more likely than not” or the balance of probabilities that an event will occur.

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7
Q

What are the relevant factors that the Court may take into account when deciding whether a defendant is likely to fail to surrender to custody, commit an offence or interfere with witnesses? Bail Act 1976 Schedule 1 Paragraph 9

A
  1. The nature and seriousness of the offence
  2. The character, associations and community ties of the accused
  3. The record of the accused for answering bail
  4. The strength of evidence against the accused
  5. The risk of injury to anyone else.
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8
Q

According to the Bail Act 1976 Schedule 1 Part II, what are the grounds for withholding bail for someone for a non imprisonable offence?

A
  1. The defendant is a child
  2. The defendant has been convicted
  3. For the protection of the defendant
  4. The defendant is already serving a custodial sentence
  5. The defendant has been arrested for a bail offence
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9
Q

Under Section 3 of the Bail Act 1976, what can be attached as bail conditions?

A
  1. A surety who agrees to forfeit a sum of money to the court if the defendant fails to surrender.
  2. The defendant must pay a sum of money into court (a security).
  3. Reporting to a police station
  4. Curfews
  5. Electronic monitoring
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10
Q

Who may grant bail apart from the Court? (PACE 1984 s47)

A

The custody officer at a police station

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11
Q

What must be the aim of the of any refusal by the police to grant bail? (PACE s47(1A)

A

To ensure the defendant:

  1. Surrenders to custody
  2. Does not offend whilst on bail.
  3. Does not interfere with witnesses.
  4. For the defendant’s own safety
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12
Q

What are the three choices that a court has if a defendant fails to surrender to custody after being granted bail?

A
  1. Punish the defendant for failing to appear
  2. Remand the defendant in custody
  3. Try the defendant in her absence
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13
Q

Under the Bail Act Section 6- it is an offence for a defendant to fail to surrender to custody. True or false?

A

True

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14
Q

What does s4 of the Bail Act 1976 create?

A

A rebuttable presumption in favour of bail

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15
Q

If an accused is charged with murder, manslaughter or rape and has been previously convicted of one of these offences- is there a presumption in favour of bail according to s25 Criminal Justice Public Order Act?

A

No. There is a presumption against bail in these circumstances.

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16
Q

In which case did the ECHR declare that the UK’s presumption against bail for murder, manslaughter, rape and other serious offences was compatible with Article 5 of Convention?

A

O’Dowd v UK

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17
Q

What are the three reasons according to Part 1 Schedule 1 of the Bail Act 1976 for refusing bail?

A

If the court is satisfied that there are substantial grounds to believe that the defendant would:

  1. Fail to surrender to custody or
  2. commit an offence whilst on bail or
  3. Interfere with witnesses or otherwise obstruct the course of justice
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18
Q

What are two additional reasons that the Court may refuse bail according to LASPO 2012?

A
  1. If the accused has already absconded once in the proceedings
  2. If the accused is alleged to have committed the offence whilst on bail
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19
Q

According to Schedule 1 Paragraph 9 of the Bail Act 1976, what are the six relevant considerations when deciding whether to grant bail?

A
  1. The nature and seriousness of the offence
  2. The character and antecedents of the defendant
  3. The associations and community ties of the defendant
  4. The defendant’s past record for answering bail
  5. The defendant’s past record for committing offences whilst on bail
  6. The strength of the prosecution’s case
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20
Q

What are the other 6 reasons apart from “substantial grounds” reasons under Schedule 1 Paragraph 1 of the bail act for a defendant not to be granted bail? (Sprack, 7.15)

A
  1. The accused was already on bail at the time of the charged offence
  2. The accused’s own protection
  3. The accused is already serving a custodial sentence
  4. The court is satisfied that there is a lack of time to answer the necessary questions
  5. The accused has been bailed but has absconded
  6. The accused has tested positive for Class A drugs and is charged for a Class A drug offence
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21
Q

What is the difference between an adjournment and remand? (Sprack, p97 7.04)

A

The difference between, on the one hand, adjourning and on the other, adjourning with bail, is in the former case no adverse consequences flow from the accused failing to appear (apart from the fact that they will probably be found guilty). In the latter case if adjourned on remand they will commit a Bail Act offence if they fail to surrender.

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22
Q

Edward Crilly has been arrested for speeding. After his innocent plea, Court adjourns the case. What happens if Edward does not turn up? (see Sprack, p97 7.04)

A

He will not commit Bail Act offences but may be found guilty in his absence.

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23
Q

How many days can a magistrates court remand an accused in custody before a summary trial?

A

8 clear days- but in reality normally a week. (Sprack, 7.05)

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24
Q

Which section of the Bail Act deals with absconding?

A

Section 6 of the Bail Act 1976

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25
Q

Where the accused is refused bail by the magistrates’ court, he may apply for bail to the Crown Court (Blackstone D7.80). True or false?

A

True

26
Q

Where the accused is remanded in custody, he not may make a fully argued application at the next hearing, unless his situation has changed. True or false? (BA 1976, sch. 1, part IIA, para. 2)

A

False.

Where the accused is remanded in custody, he may make a fully argued application at the next hearing, regardless of whether he is repeating arguments already placed before the previous bench (BA 1976, sch. 1, part IIA, para. 2)

27
Q

However, should that second argued application fail, the BA 1976, sch. 1, part IIA, para. 3, is applicable. This provides that, at subsequent hearings, the court ‘need not hear arguments as to fact or law which it has heard previously’.

If bail is refused a second time, what does BA 1976, sch. 1, part IIA, para. 3, provide?

[A] At subsequent hearings, the court ‘need not hear arguments as to fact or law which it has heard previously’.

[B] At subsequent hearings, the court may hear arguments regardless of whether placed before the previous bench

[C} At subsequent hearings, the court ‘need not hear arguments as to fact which it has heard previously’

A

[A] At subsequent hearings, the court ‘need not hear arguments as to fact or law which it has heard previously’.

28
Q

Which of the following propositions are correct. After the first two bail applications have been made:

[A] A magistrates court must consider any relevant arguments, whether of fact or of law, which have resulted due to a change in the defendant’s circumstances.

[B] A magistrates court must consider any relevant arguments, whether of fact or of law, which were not before the court when bail was refused.

(Blackstone D7.72)

A

[B] A magistrates court must consider any relevant arguments, whether of fact or of law, which were not before the court when bail was refused.

29
Q

Joseph is charged with burglary, an either way offence. He makes his first appearance before the magistrates’ court from custody and indicates a not guilty plea. The magistrates decline jurisdiction and Joseph is sent to the Crown Court for trial. Joseph does not want a bail application and is remanded in custody.

Which of the following propositions about the maximum time Joseph can spend in custody before the sending of his case to the Crown Court and the hearing the case in the Crown Court is correct?

[A] 28 Days

[B] 56 Days

[C] 70 Days

[D] 182 Days

(See Blackstone D7.42)

A

[D] 182 days

30
Q

Paul Timms is charged with GBH with intent contrary to s18 OAPA 1861. It is alleged that Paul committed the offences outside a pub following a football game. Paul has a history of violent offences and many of his previous offences are football related.

Paul appears before the magistrates’ court for his first appearance at which point a bail application is made.

Despite the prosecution objections, Paul is granted conditional bail. Which of the following are correct:

i) The prosecution have the right to appeal to the Crown Court against the decision of the magistrates to grant Paul bail.
ii) The prosecution have the right to appeal in the High Court against the decision of the magistrates to grant Paul bail
iii) The prosecution must give oral notice of the appeal at the conclusion of the proceedings in which bail was granted
iv) Notice of the appeal must be confirmed in writing and served on Paul within 24 hours of the proceedings in which bail was granted.

[A] i and iii
[B] i, ii and iii
[C] ii, iii and iv
[D] i, ii and iv

A

[A]

31
Q

Where the accused is remanded in custody, he may make a fully argued application at the next hearing, regardless of whether he is repeating arguments already placed before the previous bench (BA 1976, sch. 1, part IIA, para. 2). Unless he consents to being remanded in his absence, the next hearing will take place within XXXX clear days.

What is XXXX?

A

‘Eight’

32
Q

Following summary conviction, there may be a remand in custody of up to YYY weeks (ABDC weeks if the remand is not in custody) for inquiries, such as a pre-sentence report, to be made into the most suitable method of dealing with the accused.

What is YYY? What is ABCD?

A 
YYY = 3 weeks
ABCD= 4 weeks
33
Q

Where an accused has exhausted their two bail application a second or subsequent remand in custody may be for up to 28 clear days.

True or false?

(Blackstone D5.31)

A

True

34
Q

What is the difference between a security and a surety in bail proceedings?
(Blackstone D7.55)

A

A security is money paid by the accused. A security is a guarantee of money by someone which will be forfeited by a accused’s non attendance.

35
Q

How many days is the custody limit from the 1st appearance to the start of summary trial?

(Blackstone D 7.42)

A

56 days

36
Q

How many days is the custody limit from the 1st appearance to the start of summary trial if an either way offence is decided to be taken to summary trial?
(Blackstone D 7.42)

A

56 days

37
Q

How many days is the custody limit from the 1st appearance to Crown Court trial if the MC decides to send the accused to the Crown Court?
(Blackstone D 7.42)

A

70 days

38
Q

Which of the following is correct:

i) A defendant who breaks any condition of their bail may face charges under s7 of the Bail Act 1976.
ii) A defendant who a police officer has reasonable grounds for believing is likely to break bail can be arrested under s7(3) of the Bail Act 1976
iii) If a defendant is accused of breaking a condition of their bail, they will be called before a magistrates court for a bail hearing.
iv) A defendant can only be arrested for breaking a condition of their bail if they have actually broken it.
v) If a defendant is accused of breaking a condition of their bail, their case must be heard in the Crown Court.

Select which are correct:

A) [ii] and [iii]
B) [iv] and [ii]
C) [ii] and [v]
D) [ii] and [iii]

A

[A] is correct.

39
Q

What is the maximum penalty for a s6 offence in the Magistrates Court and the Crown Court?

[A] Magistrates Court, 3 months imprisonment and £5,000 fine; Crown Court, 6 months imprisonment and unlimited fine

[B] Magistrates Court, 3 months imprisonment and £5,000 fine; Crown Court, 6 months imprisonment and £50,000 fine

[C] Magistrates Court, 3 months imprisonment and £5,000 fine; Crown Court, 12 months imprisonment and unlimited fine

[D] Magistrates Court, 6 months imprisonment and £10,000 fine; Crown Court, 12 months imprisonment and unlimited fine

A

[C]

40
Q

What is a surety?

A

A surety is someone who agrees to guarantee a sum of money to ensure the bailed defendant’s surrender

41
Q

What is a security?

A

A security is a sum of money that must be paid into court by the defendant to secure bail

42
Q

What are the missing words?

Under Part IIA of Schedule 1 to the Bail Act 1976(c), if the court withholds bail then at the first hearing after that the defendant XXXX make an application for bail with any argument as to fact or law, YYYY that argument has been advanced before. At subsequent hearings, the court need not hear arguments which it has heard previously.

What is XXX and YYY?

[A] XXX= may, YYY = whether or not
[B] XXX= cannot, YYY = if
[C] XXX = may, YYY = unless

A

[A]

43
Q

In which of these situations can a defendant apply to the Crown Court for bail?

A) Where a magistrates’ court has sent the defendant to the Crown Court in custody on an offence triable either way (for trial or committed for sentence)

B) Where a magistrates’ court has sent the defendant to the Crown Court for trial on an indictable only offence

C) Where the defendant has been convicted by a magistrates’ court, given a custodial sentence and been refused bail pending an appeal to the Crown Court

D) Where a case is proceeding in the magistrates’ court and the magistrates have heard a fully argued application for bail and refused it

E) All of the above

F) None of the above

A

E

44
Q

Under the Bail (Amendment) Act 1993, the prosecution can appeal to the Crown Court when a defendant charged with any offence is released on bail by a magistrates court.

True or false?

(Sprack, 7.56)

A

False, the defendant must be charged with an imprisonable offence to appeal to the Crown Court.

45
Q

If the CPS decides to appeal bail it must give notice XXXX the defendant is released from custody.

What is XXXX?

(Sprack, 7.55)

A

Before

46
Q

Is there a “right to bail” under Section 4 Bail Act 1976 in any of these situations?

  1. The custody officer is considering bailing an arrestee from the police station after he has been charged
  2. The magistrates commit the offender to the Crown Court for sentencing after convicting
  3. A person has been convicted and sentenced and is appealing against their sentence.

(Sprack, 7.13)

A

No.

47
Q

A defendant refused bail by the magistrates court is usually able to make a further application to the Crown Court. True or false?

(Sprack, 7.51)

A

True

48
Q

What is the difference between an adjournment and remand? (Sprack, p97 7.04)

A

The difference between, on the one hand, adjourning and on the other, adjourning with bail, is in the former case no adverse consequences flow from the accused failing to appear (apart from the fact that they will probably be found guilty). In the latter case if adjourned on remand they will commit a Bail Act offence if they fail to surrender.

49
Q

Edward Crilly has been arrested for speeding. After his innocent plea, Court adjourns the case. What happens if Edward does not turn up? (see Sprack, p97 7.04)

A

He will not commit Bail Act offences but may be found guilty in his absence.

50
Q

An accused who is not remanded and who then fails to appear on the date to which his case is adjourned commits no offence. However, what can the Court do? (Blackstone D5.30)

A

Issue a warrant for his arrest or for the proceedings to be conducted in his absence.

51
Q

An accused who has been remanded on bail commits an offence under the BA 1976, s. 6, if he fails without XXXXXX to answer to his bail.

What is XXX?

(Blackstone D5.30)

A

Reasonable cause

52
Q

When the accused is remanded in custody, must a date be set for the next hearing? (Blackstone D5.30)

A

Yes- he is remanded until then

53
Q

When the proceedings are adjourned, must a date be set for the next hearing? (Blackstone D5.30)

A

No, there is no requirement.

54
Q

Why might a Court not remand a defendant on bail or in custody and instead adjourn a hearing? (Dunn, p29)

A

In trivial cases or where the defendant is a business

55
Q

What is the total pre-trial custody limit between first appearance in the magistrate’s court and trial for summary offences?

A

56 days

56
Q

What are the missing words?

Under Part IIA of Schedule 1 to the Bail Act 1976(c), if the court withholds bail then at the first hearing after that the defendant XXXX make an application for bail with any argument as to fact or law, YYYY that argument has been advanced before. At subsequent hearings, the court need not hear arguments which it has heard previously.

What is XXX and YYY?

[A] XXX= may, YYY = whether or not
[B] XXX= cannot, YYY = if
[C] XXX = may, YYY = unless

A

[A]

57
Q

How many days is the time limit between first appearance in the magistrates court and sending the case to the Crown Court? (Dunn, p48)

A

70 days

58
Q

Once a time limit is expired the accused has a an absolute right to bail. True or false? (Sprack, 7.23-25)

A

False- those with serious offences (rape, murder, manslaughter) may still be denied bail. The Court may also grant an extension to the detention.

59
Q

How many days is the time limit between first appearance in the magistrates court and sending the case to the Crown Court? (Dunn, p48; Sprack 7.23)

A

70 days

60
Q

When does the general right to bail apply?

A

Whenever a person accused of an offence appears or is brought before a magistrates court or the Crown Court (Sprack, 7.13)

Criminal Litigation (20 decks)

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