Bail and Remands

Question 1

Give three instances throughout the criminal justice system where bail is considered

Answer 1

Police
Mags Court
Crown Court

Question 2

Outline the procedure of a bail application

Answer 2

Prosecution submission first objecting to bail

• prosecution outlines facts of case
• antecedents
• objections to bail

Defendant submission after (applying for bail)

• defence gives their version of the facts, this is going to be slightly different from the prosecution’s version
• conditions: defence suggests suitable conditions for bail which counteract the objections by the prosecution

Question 3

How many times can the defence make a bail application?

Answer 3

There are only two opportunities to make a bail application before the magistrates, then a change of circumstances is needed.

Question 4

Does a defendant have a right to bail?

Answer 4

There is a prima facie presumption in favour of bail under section 4.

Question 5

What does the presumption in favour of bail not apply?

Answer 5

• after conviction
• to those who are already on bail
• when a warrant is issued
• to those charged with murder, manslaughter, rape, attempted rape, or another serious sexual offence AND there is a similar previous conviction, unless there are exceptional circumstances which justify it.

Question 6

When will the court refuse bail?

Answer 6

when there are substantial grounds for believing that D would:

• fail to surrender
• commit further offences
• interfere with witnesses or otherwise obstruct the court of justice

Question 7

what factors will the court consider when determining bail

Answer 7

• nature and seriousness of the offence
• D’s character, antecedents and community ties
• D’s bail history
• strength of the prosecution case
• if commit further offences ground relied on, risk of D causing physical/mental injury to another

Question 8

What does the residence condition entail

Answer 8

• D must live and sleep each night in a certain residence.
• doesn’t have to be his home, can be with family member, friend or a bail hostel
• can include a ‘doorstop condition’, an officer can turn up at the address at any time and D must be on the doorstep to show that he is on the property

Question 9

What does the reporting condition entail

Answer 9

reporting to a designated police station a couple of times a week at a specified time

Question 10

What does the surety condition entail

Answer 10

• somebody else pays a sum of money into court which is lost if D breaches his bail
• have to prove the money exists

Question 11

What does the security condition entail

Answer 11

• D pays into court a sum of money which is lost if D breaches his bail
• have to prove the money exists

Question 12

What will the court consider when deciding which, if any, conditions to attach to bail?

Answer 12

Any conditions must be necessary. Cannot impose everything because they feel like it, it must be necessary for the case before them.

Question 13

What is the custody time limit for a summary only offence

Answer 13

56 days from first appearance to the start of trial

Question 14

What is the custody time limit for an either way offence with a decision to take summary trial

Answer 14

56 days from first appearance and summary trial if the decision for summary trial taken within 56 days

70 days if the decision for summary trial was made outside of the 56 days

Question 15

What is the custody time limit for trial on indictment where the defendant was charged with an either way offence

Answer 15

182 days from first appearance and trial on indictment

Question 16

When can the custody time limit be extended?

Answer 16

• illness or absence of a necessary witness or judge
• proceedings are postponed owing to separate trials
• some other good and sufficient reason, but the judge will often require a chronology of the case as to why this is necessary

in any event it will only be extended if the prosecution have acted with all due diligence

Question 17

What is the normal detention period for someone who has not yet been charged, and what can this period be extended to and in what circumstances?

Answer 17

up to 24 hours generally

can be extended to up to 36 hours by an officer of rank superintendent or above, for indictable offences, if the investigation is being conducted diligently and expeditiously

can be extended to up to 96 hours by the mags issuing a warrant for further detention

Question 18

can a defendant apply to vary their bail conditions?

Answer 18

• yes may make an application to vary
• application must be served within 2 days of the hearing the applicant wants to consider it if a hearing is already due
• if both parties agree, the court may determine the application without a hearing
• if there is not hearing already scheduled, one should be scheduled for no later than 5 days after the application was served.

Question 19

What may happen if a defendant breaches his bail conditions

Answer 19

may be arrested without warrant and bail withdrawn

Question 20

What does an application to vacate a trial aim to achieve?

Answer 20

To make a previous legal judgment void

Question 21

When and how should an application to vacate a trial be made?

Answer 21

promptly and in writing, in advance of the date of trial

Question 22

How will the court determine an application to vacate a trial?

Answer 22

usually dealt with outside the courtroom

parties must provide full and accurate information to the court to enable it to assess where the interests of justice lie

Question 23

what should an application to vacate a trial include?

Answer 23

• reason for the application
• chronology of the case
• an assessment of the interests of justice
• any restrictions on the future availability of witnesses