Bail Flashcards
Remand definiton
Adjournment with insurance that the defendant attends the next hearing
What is the general maximum length of remand in custody before conviction?
8 clear days at a time
3 types of remand
- in custody
- on unconditional bail
- on conditional bail
When can D be remanded in custody for up to 28 days before conviction?
- 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
Overall maximum custody time limits before conviction
Either-way offence: 70 days
BUT: only 56 days if the allocation hearing is within 56 days
Summary-only offence: 56 days
What happens when the custody time limit expires?
Defendant must be released on bail until trial
When can a defendant be remanded to police custody before conviction?
If it’s necessary to question him on other potential offences
For max. 3 days
Time limit for remands after conviction but before sentence
Custody: max. successive periods of 3 weeks
Bail: max. successive periods of 4 weeks
In relation to which defendants does a presumption that bail will be granted arise?
- all defendants before conviction,
- convicted defendants if their cases were adjourned to get a sentencing report, and
- defendants appearing for breach of community sentence
Who does the presumption of bail NOT apply to?
- defendants sent to Crown Court for sentence,
- defendants appealing against conviction/sentence
Specified offences, which if charged with/previously convicted of, mean that bail will only be granted in exceptional circumstances:
- murder/attempted murder
- manslaughter
- rape/attempted rape
- other serious sexual offences
When can a D charged with murder get bail?
- 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
Bail MUST be granted if:
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
Most common exception to right to bail in indictable-only/either-way imprisonable offences:
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
Factors in considering whether to apply an exception to the right to bail:
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
When can electronic monitoring be used to monitor compliance with bail conditions?
Court is satisfied that:
- without it, defendant wouldn’t be granted bail, and
- the necessary arrangements for it are in place
How many times can D apply for bail?
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
What is needed to appeal a bail decision in the Crown Court?
Certificate of Full Argument from the Magistrates (gives reasons for why bail refused)
When can the prosecution appeal a bail decision?
If bail is granted for an imprisonable offence
In “cases of grave concern”
Deadlines for prosecution’s bail appeal:
- 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)
When will D be charged with the offence of absconding?
- 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
Is breaching bail an offence?
No
When can the police arrest a D on bail?
If they reasonably believe that D:
- is not likely to surrender to bail, or
- has broken/likely to break bail conditions
Deadline for bringing D in front of Magistrates after held in police custody after being arrested when on bail:
The hearing must be started within 24 hours
