Bail and Remands

Question 1

Adjournment and appeals:

Answer 1

An Adjournment is what happens to the case and are unlikely to be interfered with given their highly discretionary nature

Question 2

Max period that Magistrates court may remand a suspect in custody:

Answer 2

Eight days but subject to exceptions

May also be remanded several times

Question 3

Magistrates remand on bail:

Answer 3

Mags may remand the accused on bail for a period of greater than eight clear days if both P and D agree.

Question 4

Time limit between first appearance and summary trial:

Answer 4

70 days unless decision taken to try case summarily, then it’s reduced to 56 days

Question 5

Either the CC or Mags may extend time limits if:

Answer 5

it is satisfied that:

(a) P has acted with all due diligence and expedition
(b) that there is good and sufficient cause for doing so

Question 6

Presumption of Bail:

Answer 6

There is a presumption that bail will be granted except when:
(a) those appealing conviction/ sentence
(b) D who has been convicted in MC and committed to CC for sentence
Bail may also not be granted to an accused who is charged with (or has been convicted of) murder, attempted murder, manslaughter, rape or attempted rape except in exceptional circumstances to justify it

Question 7

Refusing bail to indictable offences:

Answer 7

If there are ‘substantial grounds for believing’:

(a) D would fail to surrender to custody
(b) Commit an offence whilst on bail
(c) Interfere with witnesses or otherwise, obstruct the court of justice whether in relation to himself or any other person.

Bail should not be removed where there is no real prospect of D receiving a custodial sentence

Question 8

The factors the court will consider when deciding bail:

Answer 8

(a) Nature and seriousness of the offence
(b) The character, antecedents, associations and community ties of the accused
(c) Accused’s record for having answered bail in the past
(d) Strenght of the evidence against the accused
(e) Risk of injury to others if granted bail

Question 9

Other grounds for withholding bails:

Answer 9

• Risk of injury to an associated person
• Where the accused is already on bail for another offence
• For their own protection
• Where accused is already serving a custodial sentence for another offence
• Where the court has insufficient information

Question 10

Refusing Bail for imprisonable summary offences:

Answer 10

(a) previous FTS
(b) was on bail on date of the offence
(c) commit further offences
(d) for own protection
(e) already serving a custodial sentence
(f) arrested under bail act and concerns about FTS
(g) more information

Question 11

Bail Conditions:

Answer 11

Bail may be granted unconditionally or with conditions such as:

• Curfew
• A condition to report
• Not to contact certain people or to go to certain places

Question 12

Varying bail conditions:

Answer 12

Either party may apply to vary bail conditions if so an application must be served not less than two days before the hearing and should take place no later than the fifth business day after the application was served

Question 13

Mags repeated bail apps:

Answer 13

Accused who has been remanded in custody may make a fully argued application at the next hearing, which will take place within 8 clear days.
If this one fails, the court need not hear arguments on facts or law which it has heard previously
After hearing the full argument, the court must issue a certificate of full argument.
An accused who has been refused bail by the MC may appeal to the CC

Question 14

Bail apps in the Crown Court:

Answer 14

Written notice must be given to the mags, CC and prosecutor of intention to apply and should attach the certificate of full argument.
Unless CC orders otherwise, application should be heard no later than the business day after the application was served
No further apps to the CC may be made unless further evidence is available

Question 15

Prosecution appealing bail:

Answer 15

If decision by MC can appeal to CC
if decision by CC can appeal to HC (unless already appealed from MC to CC)

Right is limited to:

(a) offence is punishable by imprisonment
(b) prosecution is conducted on behalf of DPP/ CPS or other listed authority
(c) before bail was granted, P made representations it should not be granted

Prosectuion must give oral notice to appeal at the end of proceedings in which bail was granted
Must be confirmed in writing 2 hours after conclusion of proceedings (D will be remanded in custody)
Appeal must be heard within 48 hours of decision to grant bail

Question 16

Powers of the court when a bailed accused fails to appear:

Answer 16

1. ) The court may issue an arrest warrant
2. ) Mags may adjourn and extend accused’s bail (only used when the court is satisfied there is a good reason for non-attendance
3. ) May be possible to proceed in the absence of accused, (if the offence is triable either way MC may only try with the consent of the accused)