Bail Flashcards
List the three ways a defendant can be remanded.
1) remand in custody;
2) remind on bail with conditions attached to that bail;
3) remand on unconditional bail.
What is the basic rule with regards to remand in custody?
Basic rule is that a defendant cannot be remanded in custody for more than eight clear days at a time.
List the situations where a defendant may be remanded for up to 28 days at any one time.
1) D has previously been remanded in custody for the same offence;
2) they are before the court; and
3) date set to remand them until, on which it expects the next stage of proceedings to take place.
What are the respective time limits for the amount of time D can be held on remand in custody for:
a) summary offences;
b) either way offences
for cases being heard in the magistrates court?
a) 56 days;
b) 70 days (however if the allocation hearing takes place within 56 days, the custody time limit for either way offence becomes 56 days).
Can the remand in custody limit be extended and how is this done?
- The prosecution can apply to have the limit extended but they must satisfy the court that, on the balance of probabilities, there is good and sufficient cause to do so and that they have acted with diligence and expedition.
- The application may be made orally or in writing, but a written notice of intention must be served on the court and D within 2 days before the hearing in the Magistrates’ court.
What happens when the custody time limit elapses?
Unless the prosecution have successfully applied for this to be extended, D must be released on bail until their trial.
Can D appeal the extension to the remand in custody time limit?
Yes. D can appeal a magistrates’ decision to extend the time limit in the Crown Court.
Can the prosecution appeal the Magistrates’ decision not to extend the remand in custody limit?
Yes. This is done by way of appeal to the Crown Court.
Where is D usually remanded?
A remand centre or prison.
It is possible for Magistrates’ court to allow D to be remanded in police station for up to three days if necessary to obtain answers to enquiries relating to the offence which D has been charged with (likely where they are charged with one offence but the prosecution suspect they are involved with other related offences which D has not yet been charged with).
True or False: A defendant who is on bail may be remanded prior to conviction for any period of time, subject to the defendant’s consent.
True.
True or False: A defendant who is committed to the Crown Court for sentence, or whose case is sent to the Crown Court for trial, may only be remanded in custody and not on bail until the case comes before the Crown Court.
False. D could either be remanded in custody or on bail.
Explain the time limits for remand after conviction.
- D can be remanded in custody (after conviction yet before sentencing) for successive periods of not more than three weeks;
- D can be remanded on bail (after conviction yet before sentencing) for a successive period of not more than 4 weeks.
List the situations on which S4 Bail Act 1976, gives a presumption D will be granted bail.
(a) all defendants prior to conviction;
(b) defendants who have been convicted if their case has been adjourned for the court to obtain reports before sentencing; and
(c) defendants who are appearing before the court for breach of a community sentence.
List the defendants to which the presumption under s4 Bail Act 1976 does not apply.
a) those committed to Crown Court for sentence;
b) those who are appealing against conviction or sentence.
List the specified offences (under s25 of CJPOA 1994) where bail may only be granted in exceptional circumstances.
1) Rape;
2) Murder;
3) Manslaughter;
4) Attempted murder;
5) Attempted rape;
6) Serious sexual offences.
(Note this list also applies where D has a previous conviction for one of the above offences).
Explain the process when D makes an application for bail and is being charged with murder.
- This application must be assessed by a Crown Court judge. Only a Crown Court judge can grant bail to someone charged with murder.
- The decision must be made within 48 hours;
- The judge can only grant bail if they are of the opinion there would be no significant risk of D whilst on bail, committing an offence likely to cause physical or mental injury to another.
List the situations where a Magistrates court does not have the power to remand D in custody before his case is dealt with.
1) D has attained the age of 18;
2) D has not been convicted of an offence in those proceedings; and
3) it appears to the court there is no real prospect D will be sentenced to a custodial sentence in the proceedings.
1) Explain the main grounds on which will prevent the court granting bail to D charged with an either way or indictable offence.
2) Also explain the threshold required for the court to be satisfied these grounds apply.
1) Under paragraph 2(1) Bail Act 1976, d will not be granted bail if court is satisfied there are substantial grounds for believing D, if released on bail would:
a) fail to surrender to custody;
b) commit an offence while on bail; or
c) interfere with witnesses or otherwise obstruct the course of justice whether in relation to himself or any other person.
2) This is a high threshold, and the court must be satisfied there are substantial grounds for believing D will if released on bail do one of the above. Belief that D MAY do one of the above is NOT sufficient. As such the court will consider the following:
a) nature and seriousness of the offence (and probable sentence);
b) character, associations and community ties of D;
c) D’s record in respect of previous bail grants;
d) strength of the evidence against D.
List the grounds (other than para 2(1)) where D may not be granted bail (under the Bail Act 1976) in relation to either way or indictable offences.
1) If court is satisfied D should be kept in custody for their own protection, or if they are a child/ young person, for their own protection;
2) Court is satisfied it has not been practicable to obtain sufficient info for the purpose of taking the decision on bail for want of time since the institution of the proceedings against D;
3) If D, having previously been released on bail in, or in connection with, the proceedings, D has been arrested in pursuance of section 7 Bail Act 1976.
Explain the following: The nature and seriousness of the offence and the probable methods of dealing with D for it (and the strength of evidence against them).
Will most likely be relevant to a prosecution argument that there are substantial grounds for believing D would fail to surrender to custody if on bail.
Highly likely to be the argument if D has been charged with a serious offence likely to result in a prison sentence and the evidence against D is strong.
Explain how character and antecedents of D could lead to a court believing there is a substantial ground they would do one of the three things set out by paragraph 2(1) Bail Act 1976.
This is a reference to D’s previous convictions.
Prosecution may raise D’s prior record to argue there are substantial grounds for not granting bail, stating it is likely they would commit another offence.
Explain the associations argument for suggesting there are substantial grounds to believe D will do one of the three things set out by paragraph 2(1) bail Act 1976.
If D is known to associate with other criminals, or is known to be a member of a criminal gang, CPS may suggest the substantial grounds requirement is satisfied.
Explain the community ties argument for suggesting there are substantial grounds to believe D will do one of the three things set out by paragraph 2(1) bail Act 1976.
Relevant if D has nothing tying them down to the area (eg no family/ fixed abode) and it would be easy for them to leave the area if on bail. Prosecution may use this as a substantial ground.
List the grounds where D may be refused bail for a summary only offence (note these are almost identical to the grounds for either way and indictable offences).
(a) failure to surrender (if the defendant has previously failed to surrender);
(b) commission of further offences (if the instant offence was committed on bail);
(c) fear of commission of offences likely to cause another person to suffer or fear physical or mental injury;
(d) defendant’s own protection (or welfare if a youth);
(e) defendant serving custody;
(f) fear of failure to surrender, commission of offences, interference with witnesses or
obstruction of justice (if the defendant has been arrested for breach of bail in respect of the instant offence); and
(g) lack of sufficient information.