Bail Flashcards
Define Remand
When a D is sent away and told to come back another day - can either be in custody or community - prosecution must apply for custody
Where do we find the presumption to bail
Bail Act 1976 s4
Where in process does right to bail not exist
appeal of conviction
Ds committed from Mags to Crown for sentencing
List main 3 Grounds of Objection for indictable offence
Substantial grounds for believing D will: 1 fail to attend subsequent hearing 2 commit further offences on bail 3 interfere with witnesses or otherwise obstruct course of justice
what are the barriers to objecting to bail?
substantial grounds = substance and merit
no real prospect = must have real prospect of getting custodial sentence
list 2 objections to bail for summary offences
breach condition of bail
failure to surrender in past
On what grounds Need a D not be granted bail (x3)
remand in custody for Ds protection
court has insufficient info - short period to allow collection of evidence
already serving sentence in custody
what headings are the specialist grounds for bail under
serious cases with high penalties
cases of particular nature that affect assessment of risk posed by D on bail
what are the four groups of offences
serious (murder and rape)
particular character (drugs and DV)
D infringes bail
everything else
what 5 factors must be considered when considering grounds for bail
nature and seriousness of offence and likely sentence
character of the D, D antecedentsm associations and community ties
D previous bail record
strength of evidence
risk that accused may engage in conduct likely to cause physical or mental injury to anyone else
what are custody time limits for remand in custody to mags and crown court respectively
56 days for mags on summary only or either-way
182 days for trials in Crown of indictable or either way (less any days prior being sent to the Crown Court)
what is the mags court power to adjourn hearings?
before or during a summary trial, taking into account overriding objective and ensure conlcuded asap
what factors must a court consider when deciding to adjourn
duty to deal with case justly
need for expedition
mags proceedings hould be simple and speedy
cogent reasos
history of case
nature of evidence - fading?
interests of co-accused
interest of witnesses
interest of accused
expense
effect of adjournment generally
who’s fault adjournment it
what should court consider when prosecution fail to disclose material
whether its disclosure would resolve any issues (short adjournment to allow)
in what circs can an appeal of refusal to adjourn be made
where there are new circumstances
judicial review- High court will only intervene if compelling
What are maximum periods of remand in custody
mags for mags trial- 8 days until first appearance , 28 day renewal thereafter up to a maximum of 56 days
crown - first app - committal 70 days, committal - trial 112 - total 182 days
what is purpose of S22 of Prosecution of Offences Act 1985
set maximum period av to prosecution to complete pre-lim stage and max period of accused to be kept in custody
WHat is the effect of a time limit expiry
accused must be granted bail in relation to at least 1 offence
on what grounds can prosecution seek extension to time limit of custody
has acted with due diligence and expedition
good and sufficient cause for doing so
how does S4 Bail act impact bail from police station
does not apply, but once detainee has bee charged s38(1) PACE imposes custody officer a duty to grant bail unless refusal can be justified on grounds similar
what is impact of indication of guilty plea at a plea before venue hearing
no impact, proceed with bail as usuala
what offences fall under exception to presumption of bail
may not grant bail to those charged with or convicted of murder, manslaughter, rape or attempts of these (broad def inc if defence of insanity pled)
court should go through usual process of taking circs in to account
when might bail on conviction for murder be granted
court of opinion that there is no significant risk that the accused will commit offence that would/would be likely to cause physical or mental injury to another
What might be other reasons to withhold b ail
Domestic Violence
already on bail from another offence at time of offence
own protection
already in custody
insufficient time
absconded in present proceeding
involves abuse of drugs
grounds for withholding bail in non-imprisonable offence
under 18 and previously failed to surrender
protection
already in custody
under 18 and believed would FTS/reoffence/interfere
over 18 and beleied would FTS/reoffend/interfere cause phys/mental injury or cause to fear (e.g DV)
what is purpose of conditions attached to bail
surrender to custody (always part of unconditional bail)
not commit offence
not interfere with witness/obstruct course of jsutice
available for making inquiries
attend interview
when can conditions be imposed?
when necessary
what are some examples of conditions
residence at address
notification of any changes to address
periodic reporting
curfew
restraining order on places or people
surrender of passport….
not limited
electronic tagging
sureties (another person)
security (D)
who can apply to vary bail conditions and how?
any party
can be agreed between parties
notify court - not less than 2 days before hearing at which it is to be heaqrd - not more than 5 daysat
What is impact of breach of bail condition?
arrest without warrant and withdrawal of bail
Bail Application procedure - what kind of hearing is and how is it determined
pre-lim hearing 0 video link ok, presumption of bail applies so prosecution must move to have it denied and defence respond. prosecution only allowed to reply to defence insofar as there has been a mis-statement of fact
how many bail appeals can a D make and to whom?
3 total, 2 to magistrates and 1 to crown (with certificate of full argument from mags)
can be heard in Ds absence
process for appealling to crown for bail
notice of intention to make applicatino made - Crown must hear NLT 1 business day after having had sight of cert which explains reasons for withholding
cannot reapply after this
can prosecution appeal decision to grant bail?
yes - to Crown court for Mags bail and High Court for Crown Ct bail
only where imprisonable offence
conducted by DPP
initially challenge bail
what is procedure forprosecution appeal
appeal within 2 hours of decision
D remanded until decided
heard in Crown/High Court within 48 hours excluding weekend/public hols
when can an officer arrest someone for breach of bail conditions
when they have breached or are about to breach condition
reason to believe likely to FTS
surety wishes to be relieved of obligations
which court deals with breach
where accused sent for trial in crown from mags, mags must hear
if crown granted bail then to crown for breach
what consequences will baile dperson Face if mags of the opinion they will FTS/break condition
if mags of opinions they will FTS/break cond then can remand or impose more onerous conditions
still subject to no real prospect rule
is there any defence to breach?
no need for evidence, submission just need to be made - hearsay can be relied upon
reasonable excuse is not a defence but can be considered once breach established to decide whether or not to re-grant
is breach of bail condition an offence?
no - but absconding is (s6 Bail Act 1976) - FTS without reaosnable cause - punishable by contempt of court porceedings - liable for up to 12 months imprisonment
will be heard by trial court without a jury
is it possible to challenge decision to refuse/grant adjournment?
yes - by JR - but only if compelling - weigh up public interest of proceedings vs impact on fair trial eg bad weather means one party and their legal rep cannot attend
what is the purpose of remanding the defendant?
remand = fixign date for them to return on adjournment - should be done forthwith else they commit no offence if failing to attend if simply adjourned
must be done unless remand already exists or is answering summons/recquisition
when can remand from mags be greater than 8 clear days?
where on bail and accused and P agree
what is the effect of the expiry of a custody time limit?
MUST be granted bail in relation to the offence to which the time limit corresponds
what criteria must be met to extend time limit for custody?
- due diligence and expedition
- good and sufficient cause
