Bail

Question 1

What is a remand?

Answer 1

A remand no an adjournment where the court will want to ensure that the D attends the next hearing

Question 2

What are the 3 remands?

Answer 2

A remand in custody
A remand on bail with conditions attached
An unconditional bail

Question 3

What is the basic rule of remands in custody, BEFORE conviction?

Answer 3

D may not be remanded in custody for more than 8 CLEAR days at a time.
If the D case is still in magistrates court, the D needs to be brought before court on every 4th remand, provided they have consented to this and have legal representation.

Question 4

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

Answer 4

If it has previously remanded them in custody for the same offence, and,
They are before court, and,
It can set a date to remand them to on whcih it expects the nex stage of proceedings to take place

Question 5

What are the custody time limits of being remanded in custody before conviction?

Answer 5

Overall max period (custody time limit) in the magistrates court is 70 days before trail for either way, and 56 days for summary only.

If the case involves an either way offence and application hearing takes place within 56 days the custody time limit is REDUCED to 56.

Court can apply for extension, but must show on balance of probabilities sthat there is good and sufficient caes to do this.

Question 6

If the magistrates grant a prosecution application to extend custody time limit before conviction, can teh D appeal?

Answer 6

Yes, the D has a right to appeal to the crown court. Similarly, prosecution can appeal to crown court against magistrates REFUSAL to extend.

Question 7

where wll the defendant be kept whilst in custody before conviction?

Answer 7

Normally in prison or remand centre.

However, s 128 of magistrates court act allows magistrates to remand a defendant to police custody for up to 3 days if this is necessary for purpose of making enquiries in relation to offences other than offence.

Question 8

Can the defendant be remanded on bail before conviction?

Answer 8

Yes, for any of of time, as long as they have consent from D

Question 9

What are the remands after conviction?

Answer 9

A defendant may be remanded un custody before sentence is decided, for successive periods of not MORE than 3 weeks. If on bail, must be no more than 4 weeks.

Question 10

What is the presumption under s 4 of Bail Act?

Answer 10

Presumption that bail will be granted to the following defendants:

All defendants prior to conviction
D who have been convicted if their case has been adjourned for the court to obtain reports before sentencing
D who are appearing before court for breach of community sentenced

Presumption in favour of bail does NOT apply to:

D who have been committed to crown court for setnence
d who are appealing against conviction or setnence

Question 11

What offences can only be granted bail in exceptional circumstances?

Answer 11

Murder, attempted murder, manslaughter, rape, attempted rape

Question 12

Who can grant bail when a D is charged with murder?

Answer 12

ONLY the crown cour judge may grant bail.

Question 13

What are the exceptions to the right to bail when there is no real prospect of custody restriction?

Answer 13

Exception to the presumption in favour of bail in relation to imprisonable offences. D must be 18, convicted of an offence, and appears to the court that there is NO REAL PROSPECT that the D will be sentenced to a custodial sentence in the proceedings.

Question 14

What are the exceptions to right of bail with offences of indictment or either way?

Answer 14

D need not be granted bail if the court is satisfied that there are substantial grounds for believing that the D is released on bail will:

Fail to surrender to custody
Commit an offence while on bail
Interfere with witnesses

D need not be granted bail if court is satisfied for power protection, to obtain sufficient information, if having previously been on bail, they have been arrested.

Question 15

What must the court take into account when receiving if the grounds for rejection of bail are satisfied?

Answer 15

Nature and seriousness of offence
Character, antecedents, associations, community ties
D record of pervious grants of bail
Strength of evidence against them

Question 16

What are the exceptions to the right of bail for summary only offences?

Answer 16

Similar but not IDENTICAL to grounds for either way/indictable.

Bail may be refused if:

• failure to surrender previously
• commission of furhter offences
• fear of commission of offences causing another fear/harm
• defendants own protection
• defednatn serving custody
• fear of failure to surrender or interference with witnesses
• lack of sufficient information

Question 17

Will bail even be refused for non-imprisonable offences?

Answer 17

It is extremely rare, but there are LIMITED circumstances, in which CPS could oppose grant of bail

• if d was granted bail previously but failed to answer, and believed it would be it again
• d needs to be kept in custody for own protection, or if under 18, for own welfare
• d is currently serving custodial sentence in respect of separate offence
• d was granted bail at earlier hearing in same proceedings, but was arrested for failing, or breaking any conditions.

Question 18

When are conditions necessary on bail?

Answer 18

To prevent D from absconding
To prevent from committing further offences
To prevent interfere in with witnesses/obstructing justice
To ensure d makes themselves available for purpose of. Medical or other reports
Ensure that D keeps appointments with solicitors
Ensure the Ds own protection or welfare

Question 19

What are the 9 conditions that can be granted for bail

Answer 19

Security
Reporting to police station
Residence
Curfew
Non-communication wtih prosection witnesses
Restriction on entering specified areas
Attending appointments with solicitor/probations officer
Surrender of passport

Question 20

Why would security condition be implement on bail?

Answer 20

To overcome absconding.

D will be required to deposit a sum of money or goods with the court. If fail to attend, they forfeit their security

Question 21

Why would reporting to police station condition be implement on bail?

Answer 21

Overcome absconding and committing offences on bail

Orders D to report to local police station on regular basis, or specified times, so police can make sure they stay in the local area

Question 22

Why would residence condition be implement on bail?

Answer 22

Overcome absconding and committing offences on bail

Cour requires D to reside at a specified address. Police will check to ensure condiition is being complied with

Question 23

Why would curfew condition be implement on bail?

Answer 23

Tagging
Overcome committing offences on bail

Court requires D to remain at place of residence at certain hours, police can go and check.

Question 24

Why would non-communication with prosecution witnesses condition be implement on bail?

Answer 24

Overcoming committing offence on bail and interfering with witnesses

This covers face to face and indirect contact through third party

Question 25

Why would restricting on entering specified areas condition be implement on bail?

Answer 25

Overcome committing offences and interfering with witnesses

Prevents D from entering a geographical area or town, or where D lives.

Question 26

Why would attending appointments with solicitor condition be implement on bail?

Answer 26

Requires D to keep in touch with solicitor, ensure case is not delayed, provide solicitor with instructions

Question 27

What is the procedure for objecting for bail?

Answer 27

CPS must provide D solicitor with all information wihich is material to what the court must decide
CPS representative will state its objection and apply to magistrates for D to be remanded in custody, show magistrates list of previous convictions and outline rounds of objections.
D solicitor will then make an APPLICATION for bail on clients behalf, taking each of prosecutions grounds in turn and responding to them, potentially asking for conditions.
Magistrates will hear evidence, and decide whether the remand the D in custody or on bail.

Record of decision made and given to D.

Question 28

Can there be further applications to bail?

Answer 28

Magistrates are under a duty to consdier the question of bail at any subsequent hearing, if they first reject it.

D soilcitor is permitted to make a FULL application for bail using any argument as to fact or law, even if they use the SAME arguments as before.
At any subsequent hearing, court need not hearing arguments which it has previously heard.

D who is refused bail is entitled to one further full bail application in magistrates court. If this is refused, can make a further application bail ONLY if they are able to raise NEW legal or factual argument.

Question 29

Can the defendant appeal against the decision on bail?

Answer 29

May appeal to the crown court, provided magistrates ave issued “certificate of full argument”

Question 30

Why shouldn’t D appeal to crown court in the first rejection of bail applciation?

Answer 30

Because tactically, most defence solicitors will DELAY making an appeal to crown court, until they have made 2 FULL applications for bail befoer the magistrates court.
Maximise the amounts of attempts.

Question 31

How does D solicitor appeal against decision on bail?

Answer 31

D solicitor must complete a notice of applciation ASAP after the magistrates decision, sent to crown court and magistrates court and CPS. Should set out any suggested conditions to bail.

If prosecution OPPOESES appeal, must notify crown court and defence at ONCE of the reasons why.

Appeal should be heard ASAP and no after Thant the business day after it was served.

Question 32

Can the prosecution appeal to a bail decision?

Answer 32

If magistrates grant bail to D who has been charged with imprisonable offence, s 1 of Bail Act gives CPS the right to appeal against decision to crown court judge in Chambers.

Main requirements;
Oral notice given to prosecution at end of hearing dyring which court granted bail
Notice must be confirmed in writing and served on D not more than 2 hours after telling court of decision to appeal
Crown court must hear appeal ASAP, no later than 2 busienss days after appeal notice was served

D remanded in custody under appeal is hear

Question 33

What steps will the court take if the Defendant fails to surrender?

Answer 33

Magistrates will issue warrant for arrest.
Warrant will either be backed with bail (after arrest, can release on bail), or, not backed with bail.

Police must arrest D and keep them in police custody until they can be brought befoer court at the next hearing.

Question 34

What will happen when the D appears before court after the failed to surrender?

Answer 34

Charged with failing to surrender, matter for the CPS.

If D has already made an appearance before court and been granted bail by court, decision to commence proceedings against them for failing to surrender, will be made by court rather than CPS.

If D fails without reasonable cause, they are guilty of offence of ABSCONDING.

If D did have reasonable cause, they will SITLL be guilt, UNLESS they surrender to custody AS SOON AS IT WAS reasonably practicable for them to do so.

Question 35

What are the consequences for failing to surrender?

Answer 35

If D does NOT have a reasonable excuse, court may setenced them immediately or adjourn sentence until substative proceedings.

Question 36

What happens if the D breaches a bail condition that is NOT failing to surrender?

Answer 36

Does NOT commit a criminal offence, however, are likely to have their bail reviewed by the magistrates, who may decide that failure to comply requires a remand in custody

Question 37

What does section 7(3) of bail act allow police to do?

Answer 37

Empowers a police officer to arrest a person who has been bailed to attend court, if the officer reasonably believes that the person is:

• not likely to surrender to bail, or,
  Has broken or is likely to break their bail conditions

Must be brought within 24 hours to magistrates court

Question 38

What is the 2 stage approach that the magistrates will adopt when a D is in breach of a bail condition?

Answer 38

Court will determine if ther bas been a breach of bail conditions previously imposed.
If magistrates determine there has been, they will decide if D should be remanded inc story, or on bail pending the next hearing.