Breaching Bail Conditions

Question 1

what is absconding? What is it also called?

Answer 1

D released on bail and fails to attend court/police station (depending on bail requirements).

also called failure to surrender

Question 2

when is the offence of absconding committed?

Answer 2

Offence committed in two instances:
1. D fails to surrender without reasonable cause
2. D has reasonable cause, but fails to surrender as soon as practicable

Question 3

who decides whether to charge for the offence of absconding?

Answer 3

Police bail - police
Court bail - court

Question 4

when might the MC sentence for absconding? What does the guidance state?

Answer 4

Court can either sentence immediately or adj. until conclusion of other proceedings (SG guidelines say asap better)

Question 5

where D is guilty of absconding, what happens to bail in the ongoing proceedings?

Answer 5

Court may refuse bail or impose conditions in the ongoing proceedings

Question 6

how is a breach of absconding different to a breach of any other bail conditions?

Answer 6

Breach of all other conditions is not a criminal offence

Question 7

what powers do the police have in relation to breaches of all other bail conditions?

Answer 7

the police can arrest D if they reasonably suspect they have/will breach their bail conditions

Question 8

what is the procedure where D is arrested by the police where it is suspected they have/will breach their conditions? (2)

Answer 8

1. D then brought before MC within 24 hours who decide if there has been a breach (considering evidence)
2. If there has, the MC can: remand D to custody; hear any bail app; impose further conditions