Bail and remand

Question 1

When can a Magistrates’ court adjourn proceedings under s10 and s18 MCA?

(2)

(tip: clue is Magistrates’ court!)

Answer 1

At any stage before the case is sent to the Crown Court for trial; or

Before (or during) a summary trial

Question 2

Can a decision to adjourn be subject to judicial review?

Answer 2

Yes, but Divisional Courts are slow to do so, given its discretionary nature. It should only succeed on well-recognised but limited grounds.

Question 3

Section 18 MCA governs:

Answer 3

Adjournment until allocation.

Question 4

Section 10 MCA governs:

Answer 4

Appearances for summary offences and TEW offences determined for summary trial, up until conviction.

Question 5

Sections 10 and 18 MCA both provide that, on adjourning proceedings for an either-way offence, the court must remand the accused (bail or custody) unless the accused:

(2)

(tip: think about why they were called)

Answer 5

(a) first appeared in answer to a summons or requisition (as opposed to being brought before the court in custody or appearing in answer to police bail);

and (b) has not been remanded at an earlier hearing.

Question 6

TRUE or FALSE. Where a case is simply adjourned, there is no need to fix the date for the next hearing at the time of adjourning.

Answer 6

TRUE.

Question 7

TRUE or FALSE. If there is a remand the adjournment date must be fixed forthwith and is the date to which the accused is remanded.

Answer 7

TRUE.

Question 8

Is it an offence for an accused who is not remanded to fail to appear at court on the fixed date?

Answer 8

No, but an arrest warrant can be issued or proceedings can continue in their absence.

Question 9

Is it an offence for a remanded accused to fail to appear to court on the fixed date?

Answer 9

Yes.

Question 10

What is the maximum period for which a magistrates’ court may remand an accused in custody?

(Mag Is Strate Can Hold for 8)

Answer 10

Eight clear days’ (MCA 1980, s. 128(6)).

Question 11

Can an individual who has been remanded previously in the same overall case be remanded again?

Answer 11

Yes. The only limit is the court’s decision to refuse an adjournment.

Question 12

Can a court remanding an accused in custody order that, for subsequent remands, the accused be brought up before a different magistrates’ court nearer to the prison where the accused is to be confined while on remand.

Answer 12

Yes, and it will have the same powers as the original court.

Question 13

Under the MCA 1980, s. 128(6)(a), the accused may be remanded for a period greater than eight clear days if:

Answer 13

The remand is on bail and both the accused and the prosecution agree to a longer period of remand.

Question 14

Section 22 of the Prosecution of Offences Act 1985 empowers the Secretary of State to make regulations fixing: (2)

Answer 14

(a) the maximum period available to the prosecution to complete any preliminary (pre-trial) stage of proceedings for an offence; and/or

(b) the maximum period for which an accused may be kept in custody while awaiting completion of such a stage.

Question 15

Why was Section 22 POA 1985 introduced?

Answer 15

To help ensure that trials on indictment begin within a reasonable time

Question 16

Thus far, has the Secretary of State established any time-limits to the overall time-limit within which the prosecution must complete the stage of proceedings in question?

Answer 16

No.

Question 17

The Prosecution of Offences (Custody Time Limits) Regulations 1987 (SI 1987 No. 299), only imposes custody time-limits in the following situations:

(7 situations)

Answer 17

(a) Between first appearance and committal.

(b) Between first appearance and summary trial.

(c) Between committal and trial on indictment.

(d) Multiple committals.

(e) Section 51 sending.

(f) Retrial directed by the Court of Appeal.

(g) Voluntary bill.

Question 18

What is the maximum period for which an accused charged with an indictable offence may be held in the custody of the magistrates’ court between first appearance and committal proceedings?

(clue: mags court)

Answer 18

70 days

Question 19

What is the custody time-limit for between first appearance and summary trial for:

• Triable either way offences;
• Summary offences

Answer 19

Triable either way: the maximum period is 70 days, unless the decision for summary trial is taken within 56 days, in which case the limit is reduced to 56 days.

Summary offence: the maximum period is 56 days.

Question 20

What is the custody time-limit for Between committal and trial on indictment?

Answer 20

112 days.

Question 21

What is the custody time-limit for Multiple committals?

Answer 21

If a single indictment is preferred containing counts in respect of which the accused was committed for trial on two or more different occasions, the 112-day limit applies separately in relation to each offence.

Question 22

What is the custody time-limit for Section 51 sending?

tip: section 51 –> area 51 –> aliens –> aliens live a long way away –> long period

Answer 22

The maximum period is 182 days between the date on which the accused is sent to the Crown Court and the start of the trial.

(deduct any period during which the accused was held in custody by the magistrates)

Question 23

What is the custody time-limit for Retrial directed by the Court of Appeal?

Answer 23

Following the ordering of a retrial, the 112-day limit applies from that preferment.

Question 24

What is the custody time-limit for Voluntary bill?

Answer 24

A 112-day period runs from the date of preferment of the bill.

Question 25

Where a custody time-limit expires before completion of the stage of proceedings in question, what must the court do?

Answer 25

Grant the accused bail, in relation at least to the offence to which the limit relates.

(However, the regulations do not expressly deal with the procedure for bailing an accused who has the benefit of the 70-day time-limit between charge and committal or summary trial.)

Question 26

What two matters must the court be satisfied of in order to extend a custody time-limit?

(2 factors to consider)

Answer 26

(a) that ‘the prosecution has acted with all due diligence and expedition’,
(b) that there is ‘good and sufficient cause for doing so’.

Question 27

‘Bail in criminal proceedings’ is defined in s. 1(1) of the Bail Act 1976 as:

Answer 27

bail grantable in or in connection with:

• proceedings for an offence to a person who is accused or convicted;
• an offence to a person who is under arrest for the offence or for whose arrest for the offence a warrant is being issued’.

Question 28

Does the Magistrates’ court have the power to issue a remand for the period of producing a report post-conviction?

Answer 28

Yes.

Question 29

Can the Mags grant bail pending the determination of an appeal?

Answer 29

Yes.

Question 30

What are the 6 conditions under which the Crown Court can grant bail under Senior Courts Act s81?

Answer 30

Custody for trial in the Crown Court;

D who is appealing to the Crown Court against custodial sentence ordered by Mags

In the custody of the Crown Court pending disposal of the case (so whenever the Crown Court adjourns a trial or adjourns between conviction and sentence, it has a discretion to grant the accused bail for the period of the adjournment);

D’s case has been decided by the Crown Court, but D has applied to the court to state a case for the Divisional Court’s opinion or is seeking judicial review of the decision;

Crown Court has granted a certificate that the case is fit for appeal to the Court of Appeal

D has been remanded in custody by a magistrates’ court on adjourning a case, provided the magistrates’ court has granted a certificate that, before refusing bail, it heard full argument.

Question 31

TRUE or FALSE. A person charged with murder may not be granted bail.

Answer 31

FALSE.

(They can, by order of a Crown Court judge. However, this must be grated within 48 hours of appearing before Mags. Section 115 CAJA.)

Question 32

TRUE or FALSE. There is a rebuttable presumption in favour of bail.

Answer 32

TRUE, under section 4(1) Bail Act 1976.

Question 33

Under section 4(2)-(4) Bail Act 1976, who benefits from the presumption in favour of bail?

Answer 33

Any person:

(a) who appears before the Crown Court or a magistrates’ court in the course of proceedings for an offence, or who applies to a court for bail in connection with those proceedings (s. 4(2));

(b) who has been convicted of an offence and whose case is adjourned for reports before sentencing (s. 4(4));

(c) who has been brought before the court for alleged breach of a requirement of a community order (s. 4(3)).

Question 34

Where can an individual not rely on the presumption in favour of bail? (2)

(tip:don’t think about the particular offences)

Answer 34

An appellant pending determination of an appeal against conviction and/or sentence.

An offender who is committed to the Crown Court for sentence following conviction in a magistrates’ court.

(In these situations, grant of bail is entirely at the discretion of the court.)

Question 35

Should bail be granted where the accused pleads guilty in their plea before venue?

Answer 35

The usual course of action is to continue whatever was occurring before. If they were on bail, continue bail. If they were in custody, continue custody. You need good reason to alter this.

Question 36

Can bail be granted for homicide or rape, if the accused has a relevant previous conviction?

Answer 36

The court may not grant bail unless it is of the opinion that there are exceptional circumstances which justify it.

Question 37

Under Schedule 1, para 2, an accused charged with an indictable-only offence with the risk of a custodial sentence need not be granted bail if:

(tip: classics)

Answer 37

The court is satisfied that there are substantial grounds for believing that the defendant, if released on bail would—

(a) fail to surrender to custody, or

(b) commit an offence while on bail, or

(c) interfere with witnesses or otherwise obstruct the course of justice.

Question 38

What is the standard of proof for refusing bail under Schedule 1, para 2 Bail Act 1976?

(SGB)

Answer 38

The court must merely be satisfied that there are ‘substantial grounds for believing’ that they would occur.

(This is not beyond reasonable doubt, or even balance of probabilities.)

(Current practice when presenting objections to bail in a magistrates’ court is not even to have a police officer present, but for the CPS representative to argue that bail is inappropriate on the basis of information supplied by the police and included in the case file.)

Question 39

If there is no real prospect of a custodial sentence, can bail be withheld under any of the grounds in para 2 Sch 1 Bail Act 1976?

Answer 39

No - see paragraph 1A Sch 1.

Question 40

Paragraph 9 Schedule 1 Bail Act lists the factors to consider when making a decision as to refusing bail under Paragraph 2. What are they? (5)

Answer 40

(a) the nature and seriousness of the offence and the probable method of dealing with the offender for it (see D7.17);

(b) the character, antecedents, associations and community ties of the accused (see D7.18 and D7.19);

(c) the accused’s ‘record’ for having answered bail in the past (see D7.20);

(d) the strength of the evidence against the accused (see D7.21); and

(e) if the court is satisfied that there are substantial grounds for believing that the accused would commit an offence while on bail

Question 41

Is an inevitable custodial sentence determinative of the refusal to grant bail?

Answer 41

No.

Question 42

‘Associations’ as a factor against granting bail, refers to what?

Answer 42

Undesirable friends.

Question 43

‘Community ties’ as a factor against granting bail, refers to what?

Answer 43

How easy it would be to abscond and how much the accused has to lose by absconding. Relevant factors include the following:

How long has the accused lived at the present address?

Does the accused have a partner?

Does the accused have dependent children?

Is the accused in employment? If so, for how long?

Does the accused have a mortgage or a protected tenancy?

An accused of ‘no fixed abode’ or living in short-term accommodation is not automatically debarred from bail, but the ease of disappearing to another address is a factor to be considered.

Question 44

Why is the strength of prosecution evidence relevant to a decision to refuse bail?

Answer 44

One who knows there is a good chance of being acquitted is less likely to abscond than one who anticipates almost certain conviction. It can be argued that there is no point in the accused absconding if an acquittal is likely anyway.

If the prosecution case is strong, so that conviction is likely, the accused may abscond rather than ‘face the music’ (especially if a custodial sentence is likely).

Question 45

Part I of sch. 1 to the BA 1976 sets out additional grounds for withholding bail. They are: (7)

(tip: CHIMBAP)

Answer 45

Risk of HARM to an ‘associated person’ (para. 2ZA);

where the accused is already on BAIL for another offence (para. 2A);

for the accused’s own PROTECTION (para. 3);

where the accused is already serving a CUSTODIAL SENTENCE for another offence (para. 4);

where the court has INSUFFICIENT INFORMATION (para. 5);

where the accused has ABSCONDED in the present proceedings (para. 6).

Additionally, where the accused is charged with MURDER para. 6ZA restricts the circumstances in which bail can be granted.

Question 46

An ‘associated person’ under Part 1 Sch 1 BA 1976 is:

Answer 46

The same as an ‘associated person’ under the Family Law Act 1996.

Question 47

If the accused is already on bail for another offence, is that determinative of a decision to refuse to grant bail;?

Answer 47

No.

Furthermore, by virtue of para. 1A, para. 2A does not apply where:

• The accused has attained the age of 18,
• Has not been convicted of an offence in the current proceedings,
• There is no real prospect that the accused will be sentenced to a custodial sentence

Question 48

Refusing bail for the accused’s own protection is a response to the risk of what?

Answer 48

Community backlash / retribution.

Question 49

Is an accused absconding in the present proceedings determinative of a refusal to grant bail?

By virtue of para 1A, para 6 does not apply where D has…? (3)

Answer 49

No.

By virtue of para. 1A, para. 6 does not apply where the accused has:

• attained the age of 18;
• has not been convicted of an offence in the current proceedings;
• it appears to the court that there is no real prospect that the accused will be sentenced to a custodial sentence

Question 50

Paragraphs 6A to 6C of the BA 1976, sch. 1, part I, provide that an accused aged 18 or over MAY NOT be granted bail, where the three conditions set out in para. 6B apply, (unless the court is of the opinion that there is no significant risk of the accused committing an offence while on bail,)

namely:

(3: tip: drug stuff)

Answer 50

(1) there is drug test evidence that there is a specified Class A drug in the person’s body;

(2) either the accused is charged with an offence under the Misuse of Drugs Act 1971, s. 5(2) or (3), and the offence relates to a specified Class A drug, or the court is satisfied that there are substantial grounds for believing that the misuse of a specified Class A drug caused or contributed to the offence with which the accused is charged or that offence was motivated wholly or partly by intended misuse of a specified Class A drug; and

(3) the person does not agree to undergo an assessment (carried out by a suitably qualified person) of dependency upon or a propensity to misuse any specified Class A drugs, or has undergone such an assessment but does not agree to participate in any relevant follow-up which has been offered.

Question 51

An accused who is charged with murder may not be released on bail unless:

Answer 51

No SIGNIFICANT risk that the accused will, if released on bail, commit an offence that would, or would be likely to, cause physical or mental injury to any other person.

(The presumption in favour of bail is effectively reversed.)

Question 52

For imprisonable summary offences, the exceptions to the presumption in favour of bail are as follows (Sch 1 part IA) (there are 8)

(tip: summary offence, so tougher to satisfy the exceptions)

Answer 52

(a) where the accused has previously been GRANTED BAIL and has FAILED TO SURRENDER to custody in those proceedings, and the court believes, in view of that failure, that the accused WOULD, if released on bail, FAIL TO SURRENDER TO CUSTODY (para. 2);

(b) where the accused was ON BAIL on the date of the current alleged offence and the court is satisfied that there are substantial grounds for believing that, if released on bail, the accused would COMMIT AN OFFENCE WHILST ON BAIL (para. 3);

(c) where the court is satisfied that there are substantial grounds for believing that, if released on bail, the accused would commit an offence while on bail by engaging in conduct that would, or would be likely to, cause physical or mental injury to an ASSOCIATED PERSON (as defined by the Family Law Act 1996, s. 62, see D7.24), or cause such a person to fear physical or mental injury, i.e. domestic violence (para. 4);

(d) where the court is satisfied that the accused should be kept in custody for the accused’s OWN PROTECTION (or welfare, if a child or young person) (para. 5);

(e) where the accused is already serving a CUSTODIAL SENTENCE (para. 6);

(f) where the accused has been arrested under the BA 1976, s. 7, and the court is satisfied that there are substantial grounds for believing that, if released on bail, the accused would fail to surrender to custody, commit an offence while on bail or INTERFERE WITH WITNESSES or otherwise obstruct the course of justice (whether in relation to the accused or any other person) (para. 7);

(g) where the court is satisfied that it has not been practicable to obtain SUFFICIENT INFO for the purpose of taking the decision on whether to grant bail for want of time since the institution of the proceedings (para. 8); and

(h) where part 1, paras. 6A to 6C (see D7.30), would otherwise be applicable were the current offence an indictable one (para. 9).

Question 53

where the accused has attained the age of 18, and has not been convicted of an offence in the proceedings, and it appears to the court that there is ‘no real prospect that the defendant will be sentenced to a custodial sentence in the proceedings’, which parts of Sch 1 part IA do not apply?

(tip: there are 3)

Answer 53

para. 2 (failure to surrender to custody),
para. 3 (committing offences while on bail)
para. 7 (accused arrested under s. 7)

Question 54

Part II of Schedule 1 Bail Act 1976 sets out the reasons for refusing bail to an accused charged solely with non-imprisonable offences.

(5)

(tip: quite precise and stringent, given non-imprisonable offence!)
(tip: think about age/conviction)

(tip: age and conviction is important, since these are non-imprisonable)

Answer 54

If under 18 or has been convicted of an offence in those proceedings and (in either case), previously granted bail,has failed to surrender to custody and the court believes that the accused would fail to surrender to custody

to be kept in custody for his or her own protection (or welfare, if a child or young person)

already serving a custodial sentence

If under 18 or has been convicted of an offence in those proceedings, and (in either case) has been arrested under the BA 1976, s. 7, and the court is satisfied that there are substantial grounds to believe that the accused would:
- fail to surrender to custody,
- commit an offence on bail,
- interfere with witnesses or otherwise obstruct the course of justice

If arrested under s. 7 and the court is satisfied that there are substantial grounds for believing that, if released on bail, the accused would engage in conduct that would, or would be likely to, cause physical or mental injury to an associated person or to cause such a person to fear such injury

Question 55

By virtue of the BA 1976, s. 3(6) (see D7.136), a person who is granted bail may be required by the court to comply with such requirements as appear to the court necessary to secure that the person: (5)

(tip: the classics, then two specific ones)

Answer 55

(a) SURRENDER to custody;

(b) does not COMMIT an offence on bail;

(c) does not INTERFERE with witnesses or otherwise obstruct the course of justice;

(d) is available for the making of INQUIRIES or a REPORT to assist in sentencing (this condition may be imposed only it appears to be necessary to do so for the purpose of enabling inquiries or a report to be made: sch. 1, part I, para. 8(1A)); and

(e) attends an INTERVIEW with a legal representative (this will nearly always be a solicitor).

Question 56

What must a court be satisfied of in order to impose a bail condition (Para 8(1) Sch 1 part 1)

(3)

(tip: N–>PC)

Answer 56

No conditions may be imposed unless it appears to the court that it is NECESSARY’ to do so either:

For the purpose of preventing the occurrence of any of the events mentioned in sch. 1, para. 2(1); [the classic 3] or

For the accused’s own PROTECTION or, if a child or young person, for the accused’s own WELFARE or interests.

Question 57

Provide a list of commonly imposed bail conditions: (7)

Answer 57

(a) a condition of residence, often expressed as a condition that the accused is to live and sleep at a specified address;

(b) a condition that the accused is to notify any changes of address to the police;

(c) a condition of reporting (whether daily, weekly or at other intervals) to a local police station;

(d) a curfew (i.e. the accused must be at a specified address between certain hours);

(e) a condition that the accused is not to enter a certain area or building or go within a specified distance of a certain address;

(f) a condition that the accused is not to contact (whether directly or indirectly) the victim of the alleged offence and/or any other probable prosecution witness; and

(g) a condition that the accused’s passport must be surrendered to the police (sometimes with an additional restriction to prevent the accused from applying for travel documents).

Question 58

Can electronic monitoring be implemented as a bail condition?

Answer 58

Yes, under s3(6ZAA) BA 1976.

Question 59

in a bail situation, who is a surety?

Answer 59

Someone to secure the accued’s surrender to custody. Only used for risks of absconding.

Question 60

Can security deposits be used as bail conditions?

Answer 60

Yes, only if there is a risk of absconding.

Can be forfeited is conditions breached.

Question 61

Can bail conditions be varied?

Answer 61

Yes, by either party. Section 3(8)(a) BA 1976.

Advance notice must be given to the other party and the court, with reasons.

Question 62

What might be the results of breach of bail conditions?

2
(tip: AWW/W)

Answer 62

Arrest without warrant (section 7(3))

Withdrawal of bail

Question 63

Can an accused make repeated arguments for bail in the Mags?

Answer 63

An accused who has been remanded in custody may make a fully argued application at the next hearing, regardless of whether that application repeats arguments that were placed before the previous bench (BA 1976, sch. 1, part IIA, para. 2; see D7.163).

However, should that second argued application fail, at subsequent hearings the court ‘need not hear arguments as to fact or law which it has heard previously’.

Question 64

When must certificates of full argument be issued?

Answer 64

If either:
- the court has not previously heard full argument on a bail application made by the accused in the proceedings in question; or

• satisfied that there has been a change in circumstances or that new considerations have been placed before it
  ( the certificate must state what the change was)

[The accused must be given a copy of the certificate]

Question 65

If the Mags refuses bail, what must the accused include in an appeal to the Crown Court?

(3)

Tip: (NEC)

Answer 65

Written notice of the intention to make the application
- (must be given to the magistrates’ court, the Crown Court and the prosecutor (and any surety affected or proposed) as soon as reasonably practicable after the decision of the magistrates’ court )

• Explain why bail should not be withheld, should identify any further information or legal argument that has become available since the decision of the magistrates’ court.

Attach a copy of the certificate of full argument

Question 66

What must prosecution do if they oppose an application to appeal on bail to the Crown Court?

(tip; simpler than you’d think) (2)

Answer 66

Notify the Crown Court and the accused at once;

Serve notice of the reasons for opposing the application

Question 67

TRUE of FALSE. Bail application hearings must be heard in private.

Answer 67

FALSE. Can be public or private.

Question 68

Can repeated bail applications be made in the Crown Court?

Answer 68

Further argued application may not be presented unless there are fresh arguments or considerations to put before the court.

Question 69

The prosecutions right to appeal against a decision to grant bail is limited to cases where:

(3)

Answer 69

(a) the accused is charged with, or convicted of, an offence which is (or would be in the case of an adult) punishable by imprisonment; and

(b) the prosecution is conducted by or on behalf of the DPP

(c) before bail was granted, the prosecution made representations that bail should not be granted.

Question 70

Once the prosecutin gives oral notice of their appeal at conclusion of a hearing at which bail was granted, what happens to the accused?

What must be done to confirm the oral notice?

What happens those appeal procedures are not followed?

Answer 70

The accused must be REMANDED IN CUSTODY until the appeal is determined or otherwise disposed of

The oral notice given must be confirmed in WRITING, SERVED on the court and the accused within two hours after the conclusion of the proceedings;

Otherwise the appeal is deemed to be disposed of and the accused will be RELEASED ON BAIL on the terms on which it was granted by the court when it granted bail.

Question 71

When a bailed accused fails to appear, what options does the court have?

(3) (WEP)

Answer 71

(1) Issue an arrest WARRANT Usually orders that the accused be arrested and brought to court. However, the warrant may be ‘backed for bail’ either with or without a requirement for sureties.
(2) A magistrates’ court may adjourn and EXTEND the accused’s bail. Similarly, the Crown Court may simply order that the case be stood out of the list and take no further action in respect of the accused. (Such a course of action is appropriate only where the court is satisfied that there is a good reason for the accused’s non-attendance .
(3) PROCEED in the absence of the accused (though it should be borne in mind that if the offence is triable either way, a magistrates’ court may try the case only with the CONSENT of the accused, and that consent must be given at a hearing at which the accused is present unless the court is satisfied that there is a good reason for absence and the accused is represented by a lawyer who consents to summary trial on behalf of the accused)

Question 72

Under s. 7(3) of the BA 1976, where an accused has been bailed to attend a court, a police officer may arrest the accused without warrant prior to the surrender date if:

(3)

Answer 72

the officer has reasonable grounds for believing that:
- the accused is not likely to surrender to custody; or
- the accused has broken, or is likely to break, any condition of bail; or

A surety has given written notice to the police that the person bailed is unlikely to surrender to custody, so they want to be relieved of any obligations.

Question 73

Following arrest under s. 7(3), s. 7(4) stipulates that the person arrested must be brought before a magistrate as soon as practicable and, in any event, within:

(tip: think quick)

Answer 73

24 hours

Question 74

Where an accused is brought before a Mags subject to s7 Bail Act 1976, and the Mags is satisfied that they are likely to fail to surrender or break a condition of bail, what can they do? (2)

Answer 74

Remand the accused in custody;
- but if D is 18 and not yet convicted in proceedings, no withhold of bail if no real prospect of custodial sentence

Grant bail subject to different conditions. (typically more onerous)

Question 75

Where an accused is brought before a Mags subjec to s7 Bail Act, but the Mags is not satisfied that they are likely to fail to surrender or breach conditions of bail, what must they do?

Answer 75

A condition of bail, bail must be granted on the same conditions (if any) as were originally imposed.

Question 76

is hearsay evidence acceptable in relation to a section 7 Bail Act?

Answer 76

Yes.

Question 77

Does Bail Act section 7 establish a separate offence?

Answer 77

No, just a power of arrest.

Question 78

What are the components of the offence of absconding under section 6 BA?

Who bears burden of showing reasonable cause?

Answer 78

Under s. 6(1), a person who has been released on bail and who fails, without reasonable cause, to surrender to custody, is guilty of an offence.

The burden of showing reasonable cause is on the accused.

D nevertheless commits an offence by failing to surrender as soon after the appointed time as is reasonably practicable.

Question 79

What are the punishments for the offence of absconding? (both summarily and in CC?)

When can Mags send up to CC?

Answer 79

Summarily convicted:
- liable to imprisonment for up to three months and/or a fine of any amount

The Mags may commit the offender to the Crown Court if either it greater punishment needed, or it is sending the offender for trial to the Crown Court for another offence and it considers that the Crown Court should deal with the absconding as well

In Crown Court for sentence or criminal contempt
- liable to imprisonment for up to 12 months and/or an unlimited fine

Question 80

What is the procedure to be followed under section 6 BA (absconding)?

Answer 80

Bring D to the relevant court asap. No need for summons/written charge.

Court should initiate the proceedings by its own motion, although the prosecutor may invite the court to take proceedings. The prosecutor is expected to assist the court, for example by cross-examining the accused.

Many magistrates’ courts informally ask the reason for the non-appearance. If the explanation seems prima facie satisfactory, the bench indicates that no further action is necessary; otherwise the charge is put to the accused.

Where it is informally indicated that no charge need be preferred, that decision is binding on subsequent benches