Bail and Remands

Question 1

The court can remand in prison for 28 clear days if..

Answer 1

D is in court, has previously been remanded in custody for this offence, and a date has been fixed for the next stage of proceedings.

Question 2

The general right to bail does not apply if:

Answer 2

1. Charged with a s.25 offence, having been convicted for such an offence, except in exceptional circumstances.
2. Charged with an indictable offence and was already on bail.

Question 3

The court must refused bail if…

Answer 3

D is accused of a life offence and (a) was already on bail, or (b) has previously failed to surrender, unless there is “no significant risk” of these things occurring.

Question 4

If D is charged with an indictable and imprisonable offence the bail can be refused when…(5/8)

Answer 4

1. There are substantial grounds for believing D will (a) fail to surrender, (b) interfere with witnesses or otherwise obstruct the course of justice, (c) commit further offences.
2. A pre-sentence report must be written and this can only be done in custody.
3. The court has insufficient information, owing to a lack of time to make an informed bail decision.
4. D was on bail at the time of the offence
5. D should be kept in custody for his own protection.

Question 5

The grounds (1/2) for refusing bail peculiar to summary imprisonable or low value criminal damage…

Answer 5

D was on bail at the time of the offence AND there are substantial grounds to believe that he would commit another offence if released.

Question 6

The important ground for refusing bail for a non-imprisonable offence

Answer 6

D has previously failed to surrender AND the court believes he will fail again.

Question 7

P can appeal the granting of bail when

Answer 7

1. D is charged with or convicted of an imprisonable offence,
2. The prosecution was brought by the CPS
3. P objected at the time.

Question 8

D must present what to avoid a penalty for failure to surrender/breach of bail conditions.

Answer 8

A reasonable excuse.

Question 9

Bail conditions include

Answer 9

1. Surety
2. Security
3. Reporting to the police station
4. Curfew
5. Exclusion
6. Tagging

Question 10

D can make up to two bail applications using the same arguments, after that he must show

Answer 10

A change in circumstances or advance new considerations.

Question 11

Having applied for bail twice D must seek

Answer 11

A certificate of full argument.

Question 12

If D fails to surrender the court can

Answer 12

1. Fine (max £5,000)
2. 3 months in prison
3. Forfeit security/surety
4. Remand in custody
5. Release on more severe conditions
6. Try in absence.