Bail - Procedure Flashcards
What is the procedure for applying for bail?
1) If D refused bail by police, D appear at magistrate’s court in custody
2) D advocate will check with prosecutor to see if they intend to object bail. If no, this will be stated in court
3) If yes, prosecutor will outline objections. Any previous convictions are handed to the court.
4) D then presents arguments for bail to be granted.
5) After hearing both submissions, court will announce its decision.
How many attempts at bail can the D have?
Two at Magistrates, and one in the Crown Court
How many attempts for case of murder and why?
Only one at the Crown Court. Magistrates has no jurisdiction.
When can D appeal to Crown Court?
If a change of circumstances from the application to Magistrates.
When can D try again for an appeal normally? And if unsuccessful in appeal, what do they need?
1) D attends court first time, applies for bail
2) If unsuccessful, can return in a week to try again
3) If unsuccessful again, must secure ‘certificate of full argument’ before then appealing
4) D can only appeal again if change in circumstances
What is the bail timeline in an urgent case? Who does D apply to and when will the court hear it?
A D can appeal straight to the Crown Court – who will hear it no later than one business day after appropriate notice is served.
When can bail be applied in an urgent case?
If there has been a change in circumstances – as it will be to the Crown Court.
If a D appeals Bail to the Crown Court, can it apply back to Magistrates?
No, it will lose its right to second application.
What are the conditions for prosecution appealing against granting of bail?
A) Must have opposed bail originally
B) Must be punishable by imprisonment
C) Indicates orally at bail granting that they will appeal
D) Intention to appeal confirmed in writing within 2 hours
E) Appeal is heard within 48 hours – excluding weekends
F) Appeal heard by Crown Court judge
Which Court hears prosecution appeal against grant of bail by Magistrates?
Crown Court
Where does prosecution appeal if Crown Court granted the bail?
The standard procedure, except appeal is heard by High Court Judge sitting in High Court
What are remand in custody time limits?
1) 56 days for trials in magistrates court for summary or either-way
2) 182 days for trials in Crown Court for indictable or either-way, less any days spent in custody prior to case being sent to Crown Court
What happens if custody time limit expires?
If case not heard in trial, D will be released, unless prosecution shows it acted with due diligence and have good and sufficient cause as to why D must remain in custody
If case is sent to Crown Court, what is the custody time limit?
182 days
If the case is a trial in the Magistrates’ court, what is the procedure for custody time limit?
56 days, although first remand must be for no more than 8 clear days.
They must be brought back to court for another application.
After the ‘second appearance’ in the Magistrates court regarding custody time limit, what is the process?
Must be brought back to court every 28 days latest so the court can remand them onwards to their trial.
Bit of a waste of time and court resources!
When does the custody time limit for D awaiting trial in Magistrates’ Court expire?
When court begins hearing evidence from prosecution (the start of trial)
