Bail

Question 1

Remand definiton

Answer 1

Adjournment with insurance that the defendant attends the next hearing

Question 2

What is the general maximum length of remand in custody before conviction?

Answer 2

8 clear days at a time

Question 2

3 types of remand

Answer 2

1. in custody
2. on unconditional bail
3. on conditional bail

Question 3

When can D be remanded in custody for up to 28 days before conviction?

Answer 3

• if previously remanded in custody for the same offence,
• defendant is before the court, and
• court can set a date to remand them to, on which the next stage of proceedings is expected to take place

Question 4

Overall maximum custody time limits before conviction

Answer 4

Either-way offence: 70 days
BUT: only 56 days if the allocation hearing is within 56 days
Summary-only offence: 56 days

Question 5

What happens when the custody time limit expires?

Answer 5

Defendant must be released on bail until trial

Question 6

When can a defendant be remanded to police custody before conviction?

Answer 6

If it’s necessary to question him on other potential offences
For max. 3 days

Question 7

Time limit for remands after conviction but before sentence

Answer 7

Custody: max. successive periods of 3 weeks
Bail: max. successive periods of 4 weeks

Question 8

In relation to which defendants does a presumption that bail will be granted arise?

Answer 8

• all defendants before conviction,
• convicted defendants if their cases were adjourned to get a sentencing report, and
• defendants appearing for breach of community sentence

Question 9

Who does the presumption of bail NOT apply to?

Answer 9

• defendants sent to Crown Court for sentence,
• defendants appealing against conviction/sentence

Question 10

Specified offences, which if charged with/previously convicted of, mean that bail will only be granted in exceptional circumstances:

Answer 10

• murder/attempted murder
• manslaughter
• rape/attempted rape
• other serious sexual offences

Question 11

When can a D charged with murder get bail?

Answer 11

• only if granted by a Crown Court judge,
• only if there’s no significant risk that D will commit another offence likely to cause physical/psychiatric harm to another

Question 12

Bail MUST be granted if:

Answer 12

A. D is an adult,
B. not convicted in those proceedings,
C. no real prospect that he’ll be given custodial sentence in those proceedings

Question 13

Most common exception to right to bail in indictable-only/either-way imprisonable offences:

Answer 13

If there are substantial grounds to believe that if bail is granted, D would:
- fail to surrender to custody,
- commit another offence, or
- interfere with witnesses/otherwise obstruct justice

Question 14

Factors in considering whether to apply an exception to the right to bail:

Answer 14

A. nature and seriousness of offence, and probable sentence
B. character, antecedents, associations and community ties
C. record in previous grants of bail
D. strength of evidence against D

Question 15

When can electronic monitoring be used to monitor compliance with bail conditions?

Answer 15

Court is satisfied that:
- without it, defendant wouldn’t be granted bail, and
- the necessary arrangements for it are in place

Question 16

How many times can D apply for bail?

Answer 16

Can make full application in Magistrates 2x
Then, can only apply again if can make new legal/factual argument
BUT: can appeal to Crown Court instead

Question 17

What is needed to appeal a bail decision in the Crown Court?

Answer 17

Certificate of Full Argument from the Magistrates (gives reasons for why bail refused)

Question 18

When can the prosecution appeal a bail decision?

Answer 18

If bail is granted for an imprisonable offence
In “cases of grave concern”

Question 19

Deadlines for prosecution’s bail appeal:

Answer 19

• must give notice of the appeal at end of bail hearing
• must serve the notice on D in writing max. 2 hours after telling the court it’ll appeal
• Crown Court must hear the appeal as soon as possible (max. 2 business days after notice served)

Question 20

When will D be charged with the offence of absconding?

Answer 20

• if he fails to surrender without reasonable cause, or
• if he fails to surrender with reasonable cause, but then did not surrender as soon as practicable

Question 21

Is breaching bail an offence?

Answer 21

No

Question 22

When can the police arrest a D on bail?

Answer 22

If they reasonably believe that D:
- is not likely to surrender to bail, or
- has broken/likely to break bail conditions

Question 23

Deadline for bringing D in front of Magistrates after held in police custody after being arrested when on bail:

Answer 23

The hearing must be started within 24 hours