7) Bail

Question 1

Different types of remands

Answer 1

1) Remand in custody
2) Remand on bail with conditions attached to bail
3) A remand on unconditional bail

Question 2

Remands in custody - Bail rule - Time limit

Answer 2

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

Question 3

Remands in custody - Exceptions - Time limit

Answer 3

Court may remand a defendant in custody for up to 28 days if the court has previously remanded them in custody for the same offence, the defendant if before the court and the court can set a date to remand them to on which it expects the next stage of proceedings to take place

Question 4

Remands in custody - Maximum Time limit

Answer 4

In the magistrates court this is 70 days for an either-way offence and 56 days for a summary only offence. As soon as the time limit expires they must release them on bail

Question 5

The Right to Bail - General rule

Answer 5

Court starts with the presumption that the defendant has a right to bail without conditions unless grounds exist for imposing bail conditions or for remanding them in custody

Question 6

The Right to Bail - When the presumption does not apply

Answer 6

This presumption does not apply to defendants:
1) Who have been committed to the Crown Court for sentence
2) Who are appealing against conviction or sentence
3) If they have been charged or if they’ve been previously convicted of the most serious types of crime e.g murder, manslaughter, attempted murder

Question 7

Grounds for refusing bail (What the prosecution will argue)

Answer 7

The court MUST bail the defendant UNLESS there are SUBSTANTIAL grounds for believing one of the conditions below are made out:
1) Fail to surrender to custody
2) Commit an offence while on bail
3) Interfere with witnesses or otherwise obstruct the course of justice

Question 8

Factors considered by the court when deciding if the grounds are satisfied

Answer 8

1) Nature and seriousness of the offence and the probable sentence the defendant will receive for it
2) The character, antecedents, associations and community ties of the defendant
3) The defendant’s record in respect of previous grants of bail
4) The strength of the evidence against the defendant

Question 9

Factors considered by the court when deciding if the grounds are satisfied - Nature and seriousness of the offence and strength of evidence against the defendant

Answer 9

Probable sentence defendant will receive. If the defendant has been charged with a serious offence that is likely to result in a prison sentence if they are convicted and the evidence against the defendant is strong, the CPS may argue that the defendant will fail to surrender to custody (usually referred to as absconding) to avoid being sent to prison

Question 10

Factors considered by the court when deciding if the grounds are satisfied - Defendant’s character

Answer 10

Reference to previous convictions. Used to argue that there are substantial grounds for believing that the defendant will commit further offences if they are released. Relevant if they have a history of committing similar type crimes or if they’ve previously committed offences whilst on bail.

Question 11

Factors considered by the court when deciding if the grounds are satisfied - Defendant’s associations

Answer 11

if they associate with known criminals

Question 12

Factors considered by the court when deciding if the grounds are satisfied - Defendant’s community ties

Answer 12

If the defendant is unemployed, has no relatives in the local area, has lived in the area only for a short time or is of no fixed abode, the CPS may argue that there is nothing to keep them in the area and nothing to prevent them from absconding.

Question 13

Factors considered by the court when deciding if the grounds are satisfied - Defendant’s record in relation to previous grants of bail

Answer 13

If a defendant has previous convictions the CPS is likely to raise this to suggest that there are substantial grounds for believing that the defendant will fail to surrender if they are granted bail in the current proceedings.

Question 14

Grounds for refusing bail for summary- only offences

Answer 14

1) Failure to surrender
2) Commission of further offences
3) Fear of commission of offences likely to cause another person to suffer or fear physical/mental injury
4) Defendant’s own protection
5) Defendant serving custody

Question 15

Conditional bail (defence arguments)

Answer 15

A court has the power to grant bail to a defendant subject to the defendant complying with one or more conditions

Question 16

Condition to prevent absconding - Sureties

Answer 16

A person who gives money to the court and is under an obligation to use every reasonable effort to ensure the defendant attends court and if they don’t they lose their money

Question 17

Condition to prevent absconding - Security

Answer 17

Defendant pays money to court and if they fail to turn up they lose the money

Question 18

Condition to prevent absconding and committing offences - Reporting to a police station

Answer 18

Court orders the defendant to report to their local police station on a regular basis so the police ensure that the defendant remains in the local area

Question 19

Condition to prevent absconding and committing offences - Residence

Answer 19

Require the defendant to reside at a specified address

Question 20

Condition to prevent committing offences - Curfew

Answer 20

Require a defendant to remain at their place of residence between specified hours

Question 21

Condition to prevent committing offences and interfering with a witness - non-communication with prosecution witnesses

Answer 21

Covers direct face to face and indirect communication

Question 22

Condition to prevent committing offences and interfering with a witness - Restriction on entering specified areas

Answer 22

Prevents them from entering a geographical area or town

Question 23

Condition - Attending appointments with solicitor

Answer 23

Requires defendant to keep in regular touch with solicitor

Question 24

When must the court keep a defendant in custody

Answer 24

Only if they cannot place conditions on the defendant which would assuage their fears. This provides scope for a defendant’s advocate to be creative when suggesting conditions

Question 25

What if the defendant is on bail for another offence when they are arrested?

Answer 25

The presumptive right of bail disappears

Question 26

Procedure for applying for bail

Answer 26

If the CPS objects to bail:
1) CPS will provide defendant’s solicitor and the court with all info which is material to what the court must decide
2) CPS will state objections
3) Defendant’s solicitor will make application for bail
4) Magistrates may hear evidence from other persons
5) Magistrates will make decision

Question 27

Further applications for bail

Answer 27

A defendant who is refused bail is entitled to have their advocate make one further full bail application in the magistrates’ court, but if this is refused, the advocate may make a
further bail application only if they are able to raise a new legal or factual argument as to
why bail should be granted

Question 28

Appeals by the defendant

Answer 28

A defendant who is refused bail by the magistrates’ court may appeal against this decision to the Crown Court

Question 29

Appeals by the defendant - How

Answer 29

Must complete notice of application which must be sent to Crown court and magistrates and CPS. It must specify the decision the defendant wants the CC to make and each offence the defendant has been charged with. Explain why the CC should grant bail and any suggested conditions

Question 30

Appeals by the prosecution - If the defendant has been granted bail

Answer 30

Oral notice must be given by prosecutor at the end of the hearing and before defendant is released. Notice must be confirmed in writing and served on defendant no more than 2 hours after.

Question 31

Failing to surrender

Answer 31

Magistrates will issue a warrant for their arrest. If the defendant does not have a reasonable excuse for absconding, the court may either
sentence him immediately or adjourn sentence until the conclusion of the substantive proceedings.

Question 32

Breaching a condition

Answer 32

They don’t commit a criminal offence but the magistrates will likely review their bail