Bail and Remands

Question 1

When can Mags adjourn a summary trial?

Answer 1

Mags may adjourn summary trial at any time and any stage (before or after beginning of trial), even if only a single justice;

May adjourn at any stage before the case is sent to the CC for trial

Question 2

Is it possible to challenge grant/refusal of adjournment by way of judicial review?

Answer 2

Yes, but DC will be slow to interfere w/ discretionary decision unless:

1) error of principle
2) error of law
3) plainly wrong

Question 3

What are the exceptions on Mags (may) adjourning proceedings for an EW offence?

Answer 3

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

2) ) has not been remanded at an earlier hearing

Question 4

What happens if A is not remanded? (court procedure)

Answer 4

1) No need to fix date for next hearing at time of adjournment

2) A does not commit an offence if fails to appear at next date (although may be possible for AW to be issued / proceedings to be conducted in absentia)

Question 5

What happens if A is remanded? (court procedure)

Answer 5

1) Adjournment date must be fixed as date to which remanded
2) A commits an offence if remanded on bail & fails w/o reasonable cause to surrender

Question 6

What’s the period of remand in custody by Mags?

Answer 6

Max = 8 clear days (at a time)

A may be remanded repeatedly (only limit = Mags discretion to refuse adjournment if such would be against the interests of justice)

A is subject to max statutory custody time limits

Question 7

What’s the period of remand on bail?

Answer 7

A may be remanded on bail for more than 8 clear days if both A & P agree to a longer period

Question 8

Does the trial must commence before exprity of custody time limits? When is that?

Answer 8

Mags – start of trial = when court begins hearing evidence from P

CC – start of trial = when jury sworn

Question 9

When does Mags has power to remand (grant bail or remand in custody)?

Answer 9

(1) When adjourning a case

(2) For the period of any remand for reports etc. after a summary conviction

(3) Where sent by Mags to CC for trial

(4) Where committed to CC for sentence

(5) Following conviction in Mags pending determination of appeal to CC/DC by way of case stated

Question 10

Can Mags grant bail for murder cases?

Answer 10

No, only a CC judge can do this

So a person who appears in Mags charged w/ murder must be committed in custody to CC

CC judge must make decision about bail ASAP & within 48 hours (excl. w/ends and holidays) beginning with the day after the day on which the person appeared at Mags

• Bail will be granted only where court confident there is no significant risk that A will, if released on bail:

1) commit an offence that would / would be likely to cause physical or mental injury to others

Question 11

In what situations may the CC grant bail?

Answer 11

CC may grant bail to any person:

(1) Sent in custody to CC for trial

(2) Given custodial sentence by Mags, now appealing sentence/conviction to CC

(3) In custody of CC pending disposal of their case (i.e. during any adjournment)

(4) Whose case = decided by CC, but is seeking JR / has applied to the court to state a case for the DC’s opinion

(5) Granted certificate from CC that their case is fit for appeal against sentence/conviction to CoA

(6) Remanded into custody by Mags following adjournment, if Mags certifies it heard full argument before refusing bail

Question 12

To whom does the (Rebuttable) presumption in favour of bail applies?

Answer 12

Applies to persons:

(1) appearing before Mags or CC in course of / in connection with proceedings for an offence

(2) who’ve been convicted & whose case is adjourned for PSRs

(3) brought before court for alleged breach of community order requirement

Question 13

To whom does the presumption in favour of bail NOT apply?

Answer 13

Where D has been convicted; e.g.:

(1) where D is appealing conviction/sentence

(2) where D committed to CC for sentence following conviction by Mags

(3) bail from police station (before charge); but following charge custody officer has duty to grant bail unless refusal can be justified on grounds similar a court refusing bail (FTS, CFO, IWW)

NB on indication of G plea at ‘plea before venue’ – normal practice = continue previous condition (whether bail or custody) despite what is expected

Question 14

Can S get bail if charged with (attempted) murder / manslaughter / (attempted) rape (serious cases) ? Is there exceptions?

Answer 14

No bail for (attempted) murder / manslaughter / (attempted) rape if previous conviction for any of these.

Exception applies only to manslaughter if A received custodial sentence for that offence:

(1) not guilty by reason of insanity,

(2) cases where D was unfit to plead, and

(3) previous convictions in [other] EU MS which would have resulted in UK convictions under domestic law

Question 15

What are the primary ground for refusing bail - (charged with / awaiting sentencing for) indictable offences?

Answer 15

Primary grounds (BA 1976, sch 1, part I, para 2) - the ‘Big 3’ bases

Court satisfied there are substantial grounds for believing (normal evidence rules don’t apply; e.g. relevant facts can be related second-hand by a PO) that D, if released on bail (whether or not subj to conds), would:

(1) fail to surrender to custody (FTS)

(2) commit a further offence (CFO), or

(3) interfere w/ witnesses (IWW) / obstruct course of justice

But only applies if real prospect of a custodial sentence; otherwise bail cannot be withheld on ‘big 3’ bases

Question 16

What are the relevant factors CC will take into account when deciding the grounds (big 3) for refusing bail?

Answer 16

(1) Nature/seriousness of offence + probable method of dealing w/ offender
· If severe sentence likely upon conviction = more likely to abscond

(2) Character, antecedents, associations & community ties of A
· Prior convictions = custodial sentence more likely
o Especially if previous FTS in answer to bail [s 6]
· Associations = undesirable friends w/ criminal records
· Community ties = ease of absconding & how much A has to lose (only things in past – things which may happen in future irrelevant)
o Length of time at present address
o Partner?
o Dependent children?
o Employment – for how long?
o Mortgage / protected tenancy?

(3) A’s ‘record’ for having answered bail in the past
· Absconding in past = evidence of risk

(4) Strength of P’s evidence against A
· If certain conviction = more likely to abscond
· NB if borderline, court may run risk of A absconding rather than acquittal after long period of remand in custody (= unjust)

(5) If substantial grounds for believing A would commit offence while on bail, risk that A may cause physical/mental injury to anyone else

Question 17

When there’s no prospect of custodial sentence, the big 3 do not apply. Are the any other grounds for (CC) withholding bail?

Answer 17

(1) Domestic violence – substantial grounds for believing A will commit offence causing physical/mental injury to an associated person (or fear thereof), e.g. (ex) spouses, (ex) civil partners, (ex) cohabitants, family members, etc.

(2) A already on bail for another offence when present offence committed
* EXCEPTION: 18+, hasn’t yet been convicted in current proceedings & no real prospect of custodial sentence

(3) Own protection (or welfare if child) — e.g. risk of public exacting retribution on D

(4) A already serving time for another offence

(5) Insufficient time for court to make a decision on bail (= may remand in custody for short period to enable necessary info to be obtained)

(6) A arrested for absconding in present proceedings, having been bailed (s 7)
* EXCEPTION: doesn’t apply if 18+, hasn’t yet been convicted in current proceedings & no real prospect of custodial sentence

(7) Class A drug-user cases
· (i) drug test evidence of drug in A’s body
· (ii) misuse of Class A drug constitutes/contributed to/motivated the offence; and
· (iii) A refuses to undergo (follow-up) assessment of dependency/propensity
· If yes, no bail — unless court confident that no significant risk of A committing offence on bail

Question 18

What are the grounds for refusing bail for imprisonable Summary Offences or crim damage less than £5k (sch 1, part IA)?

Answer 18

(1) A previously granted bail & FTS in those proceedings & court thus believes would FTS again
▪ BUT doesn’t apply if 18+, hasn’t yet been convicted in current proceedings & no real prospect of custodial sentence

(2) A was on bail on date of current alleged offence & substantial grounds for believing that A would CFO whilst on bail
▪ BUT doesn’t apply if 18+, hasn’t yet been convicted in current proceedings & no real prospect of custodial sentence

(3) A arrested for absconding in present proceedings (s 7) & substantial grounds for believing that A would FTS, CFO or IWW (i.e. the para 2 ‘big 3’ grounds, above)
▪ BUT doesn’t apply if 18+, hasn’t yet been convicted in current proceedings & no real prospect of custodial sentence

(4) Domestic violence – substantial grounds for believing A will commit offence causing physical/mental injury to an associated person (or fear thereof), e.g. (ex) spouses, (ex) civil partners, (ex) cohabitants, etc.

(5) Own protection (or welfare if child)

(6) A already serving time for anor offence

(7) Insufficient time for court to make a decision on bail

(8) Class A drug-user cases, as for indictable offences

Question 19

What are the grounds for refusing bail for non-imprisonable summary offences (sch 1, part II)?

Answer 19

(1) A is under 18 / has been convicted of an offence in present proceedings (often refusing to surrender to custody, s 6); and
▪ Has previously been granted bail & FTS in those proceedings, and
▪ Court believes A will FTS

(2) A is under 18 / has been convicted of an offence in these proceedings; and
▪ A has been arrested for absconding in present proceedings (s 7), and
▪ Substantial grounds for believing that A would FTS, CFO or IWW (‘big 3’)

(3) Own protection (or welfare if child)

(4) A already serving time for another offence

(5) A has been arrested for absconding in present proceedings (s 7) & substantial grounds for believing A will commit offence causing physical/mental injury to an associated person (or fear thereof), e.g. (ex) spouses, (ex) civil partners, (ex) cohabitants, family members, etc.

• ‘insufficient time’ for refusing bail to A charged with imprisonable offences do not apply where the offences non-imprisonable

Question 20

What’s an unconditional bail? What happens if A Fails to Surrender?

Answer 20

Unconditional bail – A simply has to surrender to custody at date & time specified

FTS without reasonable cause is an offence under the BA 1976, s 6

A cannot be bailed on his own recognisance/surety (= may be required to provide other people to stand surety)

Question 21

What’s a conditional bail?

Answer 21

S is released on bail and conditions may be imposed if necessary ((i.e. ‘real risk’))

· Court can impose any condition; but P (if it wants court to impose one) must specify condition & explain purpose

o To secure that the person:
▪ (1) does not FTS
▪ (2) does not CFO
▪ (3) does not IWW
▪ (4) is available for inquiries or a report to assist in sentencing
▪ (5) attends an interview with a legal representative
o OR
▪ (6) for own protection (or welfare if child)

Question 22

Which conditions are commonly imposed on bail?

Answer 22

(1) condition of residence (A is to live/sleep at X address) – sometimes at a bail hostel

(2) condition of notifying changes of address to police

(3) condition of reporting to a local PS

(4) curfew

(5) not to enter a certain area / building / go within X distance of Y

(6) not to contact a V and/or W

(7) passport surrendered to police

(8) electronic monitoring (or ‘tagging’, often combined w/ curfew)

(9) 3P surety/sureties to secure A’s surrender to custody [NB this is sureties’ only responsibility]

(10) deposit by A of security to secure A’s surrender to custody
▪ Liable to forfeiture if A absconds
▪ 3P allowed to make asset available for A to use – however, no requirement to notify 3P if forfeited (b/c was given to A)

Question 23

Can D/P make applications to vary/impose bail conditions? What are the time limits?

Answer 23

Yes - A or P may apply for conditions to be varied or (if bail originally granted unconditionally) imposed

Application made either to:
▪ (1) court which granted bail or,
▪ (2) if sent to CC for trial / committed for sentence, the CC

o Applicant must give advance notice to court + other party, explaining what is sought & why

o Application must be served at least 2 business days before any hearing at which applicant wants it considered if such hearing already due
o Court may determine w/o hearing if variation agreed to by the parties; but if a hearing = must be no later than 5th business day after application served

Question 24

What’s the normal practice for making the 1st bail application at First Appearance (where the presumption applies)?

Answer 24

1) P presents objections (based upon the statutory reasons for rebutting presumption, above)

2) D presents arguments for (conditional/unconditional) bail

3) Court announces decision (onus on court to justify refusal)

NB:
· *Bail hearings can take place in public or in private

· *(As w/ applications to vary conds) formal rules of evidence don’t apply, but each party may adduce Ws to give evidence on voir dire form of oath

· *P will not normally reply to D’s application for bail; but has right to reply, if necessary to correct alleged misstatements of fact

Question 25

Decision on bail cannot be made unless each party & any surety affected by decision is present / has had the opportunity to make representations. However, there are 2 exceptions. What are they?”

Answer 25

▪ Exception: if A in custody, bail may be considered in absence of A who:

(1) has waived right to attend, or

(2) was present when bail was previously refused & has been in custody continuously since then

▪ Also applies to decisions on applications to vary / impose conds

Question 26

Mags refuses the 1st bail application. What must the court issue?

Answer 26

Mags must issue ‘certificate of full argument’ to D if:
· (1) court has not previously heard full argument on a bail application made by A, or
· (2) court has previously heard such argument but is satisfied that there has been a change in circumstances or that new considerations have been placed before it (+ state what change was)

▪D may fully re-apply to Mags once more; or appeal to CC (right to apply to CC for bail is dependent on the certificate)

Question 27

The 1st bail application is rejected by MAGS and A is remanded in custody. Can A make a fully argued application at the next hearing?

Answer 27

Yes - A remanded in custody may make a fully argued application at the next hearing, even if it repeats the arguments from the last.

o Unless A consents to being remanded whilst absent, next hearing will take place within 8 clear days

▪ Exception: if A has already been re-remanded in custody for the offence on at least one previous occasion, then becomes 28 days

Question 28

If court rejects second argued bail application, is there any restriction on A’s arguments or circumstances that may justify reopening the matter?

Answer 28

Yes:

▪ 1) court on later applications ‘need not hear arguments as to fact or law which it has heard previously’

▪ 2) So mags may refuse to hear further argument in favour of bail unless material change of circumstances to justify reopening the matter (even constituted by passage of time)

Question 29

If D is rejected on first, second, third etc. app before Mags; or has granted bail, but on conds can they appeal to CC?

Answer 29

Notice in writing of intention to appeal must be given to Mags court, CC, P & any surety ASAP after Mags’ decision

Notice:
▪ Must include the certificate of full argument (i.e. if not just appealing against bail on conds)

▪ Must explain D’s reasoning why bail should not be withheld & all further info / legal argument that has become available since Mags’ refusal decision

Question 30

What are the characteristics of a Bail appeal hearing at the CC?

Answer 30

Hearing:
▪ Public or private (though often in private)
▪ Heard by CJ or Recorder
▪ Follows normal pattern of bail application in Mags court (described above)

Question 31

D submits a notice of the (bail) application or appeal to the CC. P opposes, what must they do?

Answer 31

If P oppose application = must notify CC & A at once, serving notice of reasons

Unless CC directs otherwise, application/appeal should be heard !no later than the BUSINESS DAY AFTER notice of the application or appeal was served!

Question 32

S appeals for Bail. Bail is granted, what happens next?

Answer 32

▪ CC may direct A to appear at time/place which Mags could have directed

▪ Any surety required by CC may enter into their recognisances before:
· A) officer of CC
· B) PO either in charge of a PS or rank of inspector or above, or
· C) governor of prison where A presently detained

Question 33

S appeals for Bail. Bail is refused, what happens next?

Answer 33

No further applications to CC unless fresh arguments/considerations (same applies to applications before Mags following second repeated application)

Question 34

P appeals against bail. Who does P has right to appeal to?

Answer 34

CC against Mags’ decision

HC against CC decision (except where in context of appeal by P against grant of bail by Mags; so P cannot make a further appeal)

Question 35

P is limited to appeal against bail in which cases?

Answer 35

(1) punishable by imprisonment
(2) where prosecution conducted by DPP/CPS, and
(3) where P made objections before bail granted

Question 36

What’s the procedure for P appeals against bail?

Answer 36

o (1) Oral notice of appeal at conclusion of proceedings, right away before A released on bail
▪ Notice given five minutes after court rose (to court officer) but before A released from custody = acceptable

(2) A must be remanded in custody until appeal determined or disposed of
▪ Oral notice must be confirmed in writing, served on court & A within 2 hours after the conclusion of the proceedings
* If fail to do this = appeal deemed disposed of; A released
· But delay in serving written notice acceptable if late service not P’s fault / P used all due diligence to serve notice within given period

(3) Appeal must be heard within 48 hours, excl. weekends & public holidays
▪ I.e. within two working days of decision to grant bail

Question 37

Oral notice of appeal against bail must be confirmed in writing, served on court & A after the conclusion of the proceedings What’s the time limit here?

Answer 37

2 hours

• If fail to do this = appeal deemed disposed of; A released

· But delay in serving written notice acceptable if late service not P’s fault / P used all due diligence to serve notice within given period

Question 38

P successfully serves the court and A an oral notice against bail. What’s the time limit here (for a written appeal)?

Answer 38

Appeal must be heard within 48 hours, excl. weekends & public holidays

I.e. within two working days of decision to grant bail

Question 39

What powers does the Court has when a Bailed Accused Fails to Appear (a criminal offence, s 6)?

Answer 39

(1) Court may issue an AW (‘bench warrant’) (s 7(1)) — normal course

▪ Doesn’t matter who granted A bail (even PO) or which court A failed to attend at
▪ At court’s discretion, may be ‘backed for bail’
▪ Clerk able to issue AW if no objection on behalf of A

(2) If good reason for FTS (e.g. doctor’s note):
▪ Mags may adjourn & extend bail or
▪ CC may order case be stood out of list, & A obliged to attend next listing

(3) Court may proceed in the absence of A
▪ But NB an EW case can only be tried in Mags in absentia w/o A’s consent, which must be given at hearing where he is present, unless:
· (1) good reason for absence, and
· (2) A’s lawyer consents to summary trial on A’s behalf

Question 40

S breaches bail conditions (not a criminal offence = s 7 does not create a separate offence). PO may arrest A under what grounds?

Answer 40

1) PO may arrest A w/o a warrant if (s 7(2)):
▪ (1) has reasonable grounds to believe A = not likely to surrender
▪ (2) has reasonable grounds to believe A = has broken / likely to break condition of bail
▪ (3) a surety has given written notice to police that A unlikely to surrender & the surety therefore wishes to be relieved of obligations

Question 41

S breaches bail conditions (not a criminal offence = s 7 does not create a separate offence). PO arrests S and he is brought to before Mags. Who can deal with it and under what time limits?

Answer 41

o Once arrested, A brought before Mags ASAP & within 24 hours (excl. Sundays)

▪ Must be brought before a single justice, need not be in court room
▪ Alleged breach of a bail cond must be dealt with by a Mag even where A has been sent to CC for trial
▪ If A arrested within 24h of time appointed for A’s surrender to custody = must bring A before court where surrender should have taken place
▪ Justice must investigate & make decision within 24-hour limit or unlawful

Question 42

What is the procedure in court after arrest under s 7 (breach of bail conditions)

Answer 42

No need to hear formal evidence; court can base decisions on representations from P & D (entitled to rely on hearsay so long as properly evaluated)

Two questions:

• Is judge of opinion that A is 1) likely to FTS and 2) has A broken/is likely to break any bail conds?
  *Must give A a chance to answer allegation

o If no, A entitled to bail on same conds as before
o If yes, Mag may remand A in custody / grant bail subj to different or more onerous conds, considering the reasons for (likelihood of) breach

▪ But Mag may not remand in custody where A 18+, hasn’t yet been convicted in current proceedings & no real prospect of custodial sentence

Question 43

On FTS without reasonable cause (s 6), who has the burden of show reasonable cause?

Answer 43

Burden of showing reasonable cause is on A

Even if reasonable cause on appointed day, offence still committed by FTS as soon after appointed time as is practicable after excuse ceases to apply

Question 44

How is FTS without reasonable cause (s 6) punishable?

Answer 44

(1) On summary conviction
· Imprisonment up to 3m and/or unlimited fine
· Mags can commit to CC for sentence – 12m and/or unlimited fine

(2) As criminal contempt of court
· 12m and/or unlimited fine (in CC)
· But cannot be dealt with as ordinary contempt of court

Question 45

What’s the court procedure for FTS without reasonable cause (s 6) ?

Answer 45

1) A brought to court where proceedings in re: which bail granted are to be heard, as soon as appropriate after arrest

2) Court initiates proceedings on its own motion, or P invites it to do so (no need to lay an information or issue a written charge and requisition)

· P expected to assist court, e.g. by XX’ing A
· In practice, Mags informally ask if good reason – and if appears yes, no further action

Question 46

What’s the custody time limit - In the magistrates’ court custody on a first appearance

Answer 46

8 clear days

Question 47

What’s the custody time limit - Between first appearance in the magistrates’ court and committal proceedings?

Answer 47

70 days

Question 48

What’s the custody time limit - Between committal and trial on indictment?

Answer 48

112 days

Question 49

What’s the custody time limit - Between preferment of a voluntary bill of indictment and trial?

Answer 49

112 days

Question 50

What’s the custody time limit - Between preferment of indictment by Court of Appeal following the ordering of a retiral and the retrial?

Answer 50

112 days

Question 51

What’s the custody time limit - Between the defendant being sent to the Crown Court for trial of an indictable only offence under section 51 CDA 1981 and the trial?

Answer 51

182 days (less any period spent on remand in the magistrates’ court)

Question 52

What’s the custody time limit -Between first appearance and trial of a summary offence?

Answer 52

56 days

Question 53

What’s the custody time limit - Between first appearance and summary trial of an either way offence?

Answer 53

70 days

Question 54

What’s the custody time limit - Between first appearance and summary trial of an either way offence, where the decision for summary trial is taken within 56 days of first appearance?

Answer 54

56 days

Question 55

When MUST PO give a special warning during interview?

Answer 55

Before a suspect is asked in interview to account for a mark or substance found on them a special warning must be given. If the warning is not given, then adverse inferences cannot be drawn against the suspect at trial, if they fail to account for the substance or mark in interview.

Question 56

What the general rule when interviewing a intoxicated person?

Answer 56

• Ordinarily a suspect should not be interviewed when intoxicated to the point where they are unable to appreciate the significance of questions and answers or to understand what is happening,
• However, an intoxicated person can be interviewed if authorisation is given by a superintendent.

Question 57

Who’s an appropriate adult, when interviewing a young suspect?

Answer 57

“’Appropriate adult’, in the case of a young suspect, is defined as a parent or guardian or, if the child or young person is in the care of a local authority or voluntary organisation, a person representing that authority or organisation, a social worker of a local authority,
or

(failing these) some other responsible person who is not: - a police officer, employed by the police, under the direction or control of a chief police officer” etc. (Code C, para. 1.7(a)).

In this case, Aftab’s parent is not suitable and since Aftab is not in care, his older sister who he lives with would constitute ‘some other responsible person who is not a police officer’.

Question 58

Fiona is appearing in the magistrates’ court for her first appearance. She is charged with theft. She is on bail. She indicates a not guilty plea, the magistrates accept jurisdiction and she consents to summary trial. The magistrates proceed to adjourn Fiona’s case for trial.

Which of the following correctly describes the powers of the magistrates to remand Fiona?
Select one:

[A] They may remand her, but they do not have to do so.

[B] They must remand her and must fix the time and place for the next hearing.

[C] They must remand her and may leave the time and place for the next hearing to be determined later by the court.

[D] They may not remand her.

Answer 58

[B] They must remand her and must fix the time and place for the next hearing.

• They must remand her because she is charged with an either way offence and she appears for her first appearance either in custody or by surrendering to custody having been released on bail (MCA 1980 s.10(4)(a))
• s.10(2) for the requirement to fix the time and place of the next hearing.
• MCA 1980 s.10(4)(a) creates a requirement for the magistrates to remand the defendant in these circumstances. S.10(2) for the requirement to fix the time and place of the next hearing.

Question 59

What’s the effect of ‘remanding’ an accused? MC

Answer 59

Mean either:
- remand in custody (i.e. committing the accused to custody to be brought before the court at the end of the period of remand or at such earlier time as the court may require), or

• remand on bail in accordance with the provisions of the BA 1976 (i.e. directing the accused to appear before the court at the end of the period of the remand or, if bail is made continuous, directing that the accused appear at every time to which the proceedings may be adjourned) (MCA 1980, s. 128(1) and (4)).

Question 60

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

Answer 60

‘eight clear days

Question 61

What are the grounds for withholding bail in cases of non-imprisonable offences?

Answer 61

1) A is under the age of 18 or has been convicted of an offence in those proceedings and (in either case), having been previously granted bail in criminal proceedings, has failed to surrender to custody and the court believes, in view of that failure, that the accused would fail to surrender to custody (para. 2);

(b) where the court is satisfied that A should be kept in custody for their own protection (or welfare, if a child or young person) (para. 3);

(c) where the accused is already serving a custodial sentence;

(d) where the accused is under the age of 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, or interfere with witnesses or otherwise obstruct the course of justice (para. 5);

(e) where the accused has been arrested under s. 7 and 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 D7.25), or to cause such a person to fear such injury, i.e. domestic violence (para. 6).

NB: It should be noted that the grounds of ‘risk of absconding etc.’ and ‘insufficient time’ for refusing bail to someone charged with imprisonable offences do not apply where the offences are non-imprisonable.