7. Bail

Question 1

Remands before conviction: Time limit

Answer 1

the defendant may not be remanded in custody for more than 8 clear days at a time

Question 2

If D’s case is in the MC, and D is remanded in custody how often must they be brought before the court

Answer 2

On every 4th remand (provided they have legal representation)

Question 3

When can the court remand a defendant in custody for up to 28 days?

Answer 3

1. that court previously remanded them in custody for the same offence and
2. they are before the court and
3. it can set a date to remand them on which it expects the next stage of the proceedings to take place

Question 4

Max period of remand in custody: Either way Offence

Answer 4

70 days before trial

Question 5

Max period of remand in custody: Summary Offence

Answer 5

56 days before trial

Question 6

When is the custody limit for remand in custody for an either-way offence shortened to 56 days

Answer 6

f the case involves an either-way offence and allocation hearing takes place within 56 days, the custody time limit for this offence is reduced to 56 days

Question 7

Can the prosecution extend the maximum time limit for remand in custody

Answer 7

Yes but must show (on balance of probabilities) there is good and sufficient cause and that they have acted with due diligence and expedition (Prosecution of Offences Act 1985, s 22)

Question 8

Notice Requirements: Prosecution applying to extend the maximum custody time limit in a case

Answer 8

Written notice must be served on court and defendant not less than 2 days before the hearing in the magistrates’ court

Question 9

can the defendant appeal CPS’ extension of their custody time limit?

Answer 9

Yes, To Crown Court (prosecution can also appeal)

Question 10

Time limits for remands on conviction (prior to sentencing)

Answer 10

Following conviction, a defendant may be remanded in custody before sentence (usually for the preparation of pre-sentence reports) for successive periods of not more than 3 weeks.

Question 11

Who does the ‘presumption in favour of bail’ apply to:

Answer 11

1. all defendants prior to conviction;
2. defendants who have been convicted if their case has been adjourned for the court to obtain reports before sentencing and
3. defendants who are appearing before the court for breach of a community sentence.

Question 12

Who does the presumption of bail NOT apply to:

Answer 12

1. those committed to the crown court for sentencing
2. those appealing against their conviction or sentence

Question 13

Can defendants charged with specified offences (eg. murder, rape, attempted murder) be granted bail?

Answer 13

Yes, in exceptional circumstances (eg. no significant risk of the defendant harming another person on bail)
- MC will send D to CC in custody

Question 14

If a defendant pleads not guilty to an indictable-only offence (and is going to the Crown Court), who will decide on bail?

Answer 14

MC will place D in custody and transfer them to the CC
- CC judge will make decision about bail within 48 hours

Question 15

Common Grounds for the Court Objecting to bail

Answer 15

Belief that the defendant will:
1. fail to surrender to custody
2. commit and offence whilst on bail
3. interfere with a witness on the case / obstruct justice

Question 16

If CPS objects to bail on one of the common grounds, what factors will the court consider in making their decision?

Answer 16

1. nature and seriousness of the offence
2. character, antecedents, associations and community ties of D
3. Defendant’s records in previous grants of bail in criminal proceedings
4. strength of evidence against D

Question 17

When might conditional bail be used?

Answer 17

If unconditional bail is likely to be refused, the solicitor can ask MC to consider conditional bail
- conditions must be necessary to prevent defendant from absconding or committing a further offence
- prevent inference with justice
- ensure D is available for obtaining medical / other reports
- ensure D’s own protection or if under 18, his welfare

Question 18

When will the court impose the electronic monitoring requirement on a grant of bail?

Answer 18

To ensure compliance with a bail condition
HIGH THRESHOLD, only imposed if without it, person would not be granted bail AND
- the necessary arrangements for electronic monitoring are in place

Question 19

Is electronic monitoring possible for those under 18?

Answer 19

Yes (12-18), but require even more stringent justification

Question 20

If CPS objects to bail, are they able to show evidence of the defendant’s past criminal convictions?

Answer 20

1. Yes, done when CPS applies to have defendant remanded in custody

Question 21

Certificate of Full Argument

Answer 21

Is given if the Magistrates (1) refuse bail or (2) grant it subject to conditions, records reasons for refusal / conditions and is given to the defendant

Question 22

If a defendant is refused bail in the magistrates court, can their solicitor make another application?

Answer 22

1. Yes, at the first hearing after (even if reusing those arguments stated previously)
2. At subsequent hearings, can only make another application if there is new information
   PRESUMPTION IN FAVOUR OF BAIL MUST STILL APPLY

Question 23

If a defendant is refused bail in the MC, can they appeal this decision? How?

Answer 23

1. Yes (provided MC has given a certificate of full argument)
2. To the crown court, but likely this will only happen once the solicitor has made TWO FULL APPLICATIONS for bail in the magistrates court

Question 24

Defendant appealing bail decision: Procedure

Answer 24

1. Defendant’s solicitor completes a notice of application ASAP after MC decision
2. Notice sent to Crown Court and MC and served on CPS

Question 25

If a defendant appeals a bail decision, can the prosecution oppose this? How?

Answer 25

Yes, they must notify the CC and the defendant of their opposition and the reasons why

Question 26

What information must the crown court have to make a decision about the appeal of the bail decision?

Answer 26

1. notice of application
2. certificate of full argument from the MC
3. a record of the defendant’s previous convictions (if applicable)

Question 27

Appealing a bail decision: Can the defendant / CPS make representations during the appeal process?

Answer 27

Yes, at the hearing in chambers, both can make representation

Question 28

Appealing a bail decision: If the CC grants the appeal, what administrative requirements follow?

Answer 28

A copy of the judge’s order must be sent to the prison / remand centre where defendant is being held so the defendant may be released

Question 29

Can the prosecution appeal a decision TO grantt bail?

Answer 29

Yes, if the offence is imprisonable
- should only be used in cases of ‘grave concern’
- appeal will be to the CC

Question 30

Prosecution Appealing a bail decision: Notice Requirements

Answer 30

• Oral notice must be given by the prosecutor at the end of the hearing during which the court granted bail; and before the defendant is released from custody.
• This notice must be confirmed in writing and served on the defendant not more than 2 hours after telling the court of the decision to appeal.

Question 31

If the prosecution appeals a decision to grant bail, when must this appeal be heard in the crown court?

Answer 31

As soon as possible,
- no later than 2 business days after the appeal notice is served