Chapter 5- Adjournments And bail Flashcards
Adjournment at magistrates
Can make decision on its own initiative or by application for adjournment
Application for adjournment is subject to rigorous scrutiny DPP v Picton
Better case management is taken into consideration
Once adjourned decision to remand in custody or bail is to be decided
Punishment for failing to attend the court when on bail
Fine or imprisonment
Exceptions to bail in magistrates under CorJA 2009
Where defendant is charged with murder they may not be granted bail unless but a crown court judge
Right to bail
S4 BA 1976 all defendants have right to bail unless court can show that bail does not apply under exceptions set out in Sch 1 BA 1976
Right to bail does not apply…
1) If defendant pleads guilty they waive their right to bail unless sentencing has been adjourned (s4(2)&(2) BA 1976)
2) where defendant is charged with murder, Attmp murder, manslaughter or rape (s25 criminal justice and public order act 1994)
3) over 18 drug user with drugs in their system who is committed of drug offence or refuses testing (para 6A part 1 sch 1 BA 1976)
Exemptions for right to bail of indictable imprisonable offence (9)
Para 2
1) fail to surrender to custody
2) committ an offence while on bail
3) interfere with a witness or obstruct the course of justice
4) courts have believe D will cause physical or mental injury to an associated person
5) where defendant was already on bail for another offence when committing this offence
6) for the D owns protection
7) where D is already serving sentence of imprisonment
8) where bail was already granted for these proceedings and D was then brought before the court
9) insufficient evidence for court to make a decision
No real prospect of custody test
Cannot remand in custody if no prospect of D being committed if the offence
Reasons for finding exemptions to bail (6)
1) nature of the offence
2) character, associations and community ties of the D
3) the D record their fulfilment of previous grants of bail
4) strength of evidence against the D proving they committed the offence
5) if court believes the D will cause mental or physical harm to associated persons on bail
6) any other relevant factors
Exemptions right to bail for summary imprisonable offence (7)
1) D been granted bail previously and failed to surrender
2) D was on bail when committing this offence and court believes D will reoffend
3) D would cause physical or mental harm to associated persons if on bail
4) D should be kept in custody for their own protection
5) D is already serving custodial sentence
6) D was arrested for breaking bail conditions connected with this offence and prev bail
7) lack of sufficient information.
Exemptions to right to bail for summary non imprisonable offence (4)
1) D been granted bail previously and failed to surrender
2) D should be kept in custody for their own protection
3) they are already in custody in respect of any sentence
4) D was arrested for breaking bail conditions connected with this offence and prev bail
What happens if defendant fails to surrender bail
Court can issue a warrant for their arrest.
Can then be charged with failing to surrender offence punishable by fine or imprisonment.
Do have right to defend and provide reasonable excuse.
Defendant should apply for bail extension instead of failing to surrender.
Prima facie
Right to bail for the defendant.
Types of bail conditions
Residential conditions
Defendant do not approach named witnesses or particular place
The defendant be subject to curfew
The defendant reports to police station
Defendant surrender their passport
Defendant provides a surety (guarantee for sum of money if D fails to surrender)
D attendance interview with their defence rep
Consequences of breaching bail
Can be arrested and put before the court
Procedure at bail application
Court decides case is to be adjourned
Prosecutors address court and advise why D isn’t entitled to bail
They have to inform court about facts of the case, any info on D background, inform court of prev conviction of D or any info relevant to bail decision.
D solicitor then given opportunity to address prosecutors arguments.
Final decision then rests with the court.
Magistrates then retire to make a decision.
Court then give reasons for refusing and granting bail in open court.
Then give D full argument certificate
