Chap 3 Bail and Remands Flashcards
When is it likely the court will determine to adjourn a case?
-Whether a D appears before the court the court in and a requisition / summons, or on bail.
- In custody having been charged, many cases cannot be concluded at that first hearing
- but to have an application for an adjournment it has to be justified
-S.10 McA-> court power to adjourn for SOO and EWA from a determination in favour of favour of summary trial until conviction
-S.18 MCA -> applies to EWA offences until allocation has been determined
-> This adjournment can be challenged by way of JR
-> to succeed need to be shown that the decision was “plainly wrong”
The HC only interfere in the JR if there is compelling reasons to do so
When a case is adjourned, the Defendant will usually be remanded, either on bail or in custody
rmbr either on 1) bail 2) custody
This places the person under an obligation to attend court on the next occasion or as directed by the court.
The court has the discretion to adjourn a case without a remand up to the point of conviction where the accused appears before the court, having been charged with SOO
Is this the same case for EWA?
But where the accused is charged with EWA the court only has the discretion to adjourn a case without remand if:
a) The accused initially appeared by way of requisition or summons ( as opposed to being brought in custody or answering police bail)
b) The accused has not prev been remanded.
Any D answering bail must be remanded( on bail or in custody) as must any D appearing in custody
Where there is a remand, the adjournment date must be fixed at the time of the adjournment
What does s.18 of the MCA 1980 apply to?
Either way offences until allocation has been determined.
What does s.10 of the MCA 1980 apply to?
Summary only offences up until conviction and either way offences from a determination in favour of summary trial until conviction.
What can the grant or refusal of an adjournment be challenged by?
Judicial review.
Under what condition will the High Court interfere with a decision on adjournment?
If the decision was ‘plainly wrong’.
What is the maximum period for which a magistrates’ court may remand an accused in custody until the next hearing?
Eight clear days
It follows that a D may be remanded in custody at several separate hearings before the case is sent to CC or concluded in the MC
The D may be remanded for a period greater then eight clear days if he is REMANDED ON BAIL ( then in custody) and both he and the prosecution agree to a longer period of remand.
What is the purpose of the Prosecution of Offences Act 1985?
To ensure that trials on indictment take place within a reasonable time.
Does D who answer bail or in custody must be remanded , likewise does this apply to D answer in custody must they be remanded?
Yes they must be remanded
Where a case is remanded, what other things need to be done?
- The adjourment date must be fixed at the time of the adjournment
What is the maximum period that the court may remand accused in custody until the next hearing
S.128(6) = 8 clear days
D may be remanded in custody at several seperate hearing before the case is sent to CC or concluded in MC
If the person is remanded on bail, the D may be remanded for greater then 8 days ( REMEMBER FOR BAIL CAN BE MORE, BUT IF REMAND ON CUSTODY ONLY 8)
What are custody time limits (CTLs)?
The maximum amount of time that a Defendant can be remanded in custody while the Prosecution completes the various stages of a case.
What is the CTL from the first appearance to summary trial for a summary only offence?.
56 days.
But rmbr that it can be reduced to 56 days from first appearance to summary trial if allocation decision is made in fav of summary trial within 56 days
What is the CTL for indictable only offences and either-way offences sent to the Crown Court?
182 days.
If the COA order for a re-trial or the preferment of voluntary bill of indictment then how many days in CTL
112 days
What happens if the custody time limit expires?
The Defendant must be granted bail.
Can CTL be extended?
Yes can if by antime the CC or MC if satisfied the P has acted “within Due diligence expedition” and there is “good and sufficient cause”
What does the Bail Act 1976 govern?
The grant of bail in criminal proceedings.
What does s.128(1) of the Bail Act 1976 allow?
A remand by a magistrates’ court to be made either on bail (with or without conditions) or in custody.
What is the presumption in favour of bail according to s.4(1) of the Bail Act 1976?
There is a presumption in favour of the granting of bail.
But rmbr this presumption don’t apply if they have been convicted, unless they being remanded for prep of reports prior to sentencing
base line: don’t apply if person appealing their conviction from MC to CC
Same also to murder, attempt murder, rape and other Sexual offence act
What about murder can a person be granted bail in MC?
No rmbr a person can only be granted bail by CC can, within 48 hrs of the day after the date of appearance on the MC
What are the grounds for refusing bail?
- Fail to surrender to custody
- Commit a further offence whilst on bail
- Interfere with witnesses or obstruct the course of justice.
But this presumption does not apply once someone has been ( these are not grounds these are reasons) :
a) convicted
b) unless they are being remanded for the preparation of reports prior to sentencing ( don’t apply to a person appealing their conviction from the mc to CC)
c) person charged without murder may not be granted bail unless the court satisfied that there is no sig risk that he will commit an offence
d) Person is charged with murder, attempted murder, manslaugter, rape, attempted rape or certain other offences under SOA 2003 * may not be granted bail* if they have a prev conviction for one of those offenses unless there are exceptional circumstances.
What must the prosecution establish to secure a remand in custody?
Only one ground.