Bail procedure Flashcards
What happens if D applies for bail for the first time and loses?
The case will be returned to court a week later where the issue of bail can be raised a second time without any restriction or qualification.
What must a defendant secure after two bail applications before appealing to the Crown Court?
A ‘certificate of full argument’ from the magistrates’ court.
What must the defendant do when appealing to the Crown Court?
Serve application on the Crown Court, magistrates’ court and prosecution.
When are appeals heard after an appeal notice is served?
One business day after an appeal notice is served.
Who usually hears bail appeals in the Crown Court?
A Crown Court judge in chambers.
Under what condition can D apply for bail again?
If there has been a change in circumstances.
What occurs in urgent cases regarding bail appeals?
The Crown Court will hear a bail appeal no later than one business day after the appropriate notice is served.
What happens to D’s right to apply for a second time in the magistrates’ court after an urgent appeal?
D loses the right to a second application in the magistrates’ court.
When can the prosecution appeal against grainting bail?
- The prosecution must have opposed bail originally.
- The offence is punishable by imprisonment
- The P idnicates orally at the hearing when bail is granted that they will appeal - D is then held in custody
- Intention to appeal is confirmed in writing and served on the court and defence within 2 hrs
How soon is the appeal heard after the prosecution serves the intention to appeal?
Within 48 hours – excluding weekends.
Who hears the appeal if it is from a magistrates’ court decision?
A Crown Court Judge.
Who hears the appeal if it is from a Crown Court decision?
A high court judge.
