Bail Flashcards
What is a remand?
An adjournment where the court will want to ensure that the defendant attends the next hearing.
Name three ways a defendant can be remanded.
○ Remand in custody
○ Remand on bail with conditions
○ Remand on unconditional bail.
What is the overall maximum period of remand in custody in the magistrate’s court?
○ 70 days before trial for an either-way offense.
○ 56 days before trial for a summary-only offense.
Who may apply to extend the custody time limit?
The prosecution.
What are some examples of bail conditions?
○ Sureties
○ Security
○ Reporting to a police station
○ Residence
○ Curfew
○ Non-communication with prosecution witnesses
○ Restriction on entering specified areas
○ Attending appointments with solicitor or the Probation Service
○ Surrender of passport
What happens if a defendant fails to surrender to custody?
The magistrates will issue a warrant for their arrest.
What are the two offenses a defendant may be charged with for failing to surrender to custody?
○ Failing without a reasonable cause to surrender to custody, contrary to s6(1) of the Bail Act 197612
○ Having reasonable cause for failing to surrender but then failing to surrender as soon as it was reasonably practicable to do so, under s6(2) of the Bail Act 197612
What might happen to a defendant who breaches bail conditions other than failing to attend a hearing?
The defendant is likely to have their bail reviewed by the magistrates, who may decide that the failure to comply with the conditions requires a remand in custody.
