Crime Syllabus 03 Flashcards by Jack Brainscape

Remand

WHAT

Order to appear

What happens to (D)

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Remand

Types

Remand on Bail

Remand in Custody

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Adjournment

WHAT

Order by court to defer

What happens to ‘Case’

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Adjournment

Overriding objective

Criminal cases be dealt with justly
Discourage = Delays
Encourage = Case management

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Adjournment

Types

Adjournment = Fixed date + (D) Remand

Simple Adjournment = NO date + (D) Liberty remains

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Court

Fail to appear - NOT Remand

NO Offence

Result = Bench Warrant (arrest); Trial in absence

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Court

Fail to appear - Remand on bail

Offence

Result = Bench Warrant (arrest); Adjournment (reasonable excuse); Trial in absence

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Remand

Time limit - Remand on bail

NO time limit

(D) + (P) Agreement

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Remand

Time limit - (MC) Remand in custody

Police station = 3 clear days

Prison = 8 clear days

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Remand

Further remands

NO Limitation

Unless = Interest of justice

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Custody

Time limit - First Appearance to Summary trial

56 days

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Custody

Time limit - First Appearance to Committal proceedings

70 days

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Custody

Time limit - Committal proceedings to Trial on indictment

112 days

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Custody

Time limit - First Appearance to Trial on indictment

182 days

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Custody

Time limit - Breach

Automatic bail

Duty to attend

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Custody

Time limit - Application to extend

(P) Acted with due diligence and expedition

Sufficient cause

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Custody

Time limit - (P) Sufficient cause

Nature of offence
Complexity of law
Public protection

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Bail

General Right

Rebuttable presumption in favour

Bail Act 1976 s. 4

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Bail

Presumption in favour - WHEN

Application for bail

Breach Community Orders

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Bail

NO Presumption in favour / discretion - WHEN

On Bail + Committed (Indictable)
Conviction
Appeal = Sentence

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Remand on Bail

(MC) Reasons MAY

Adjournment
Summary conviction = Reports
Committal for sentence

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Remand on Bail

(CC) Reasons MAY

Committal for trial
Adjournment
Appeal = Bail application; Conviction
Certificate ‘fit for appeal’

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Bail

NO right

Serious Charge + Previous Serious Conviction

Unless = Exceptional circumstance

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Bail

Serious Charge

Serious Sex Offence
Rape
Homicide + Custodial Sentence

Bail | Murder

NO significant risk (D) harm Crown Court Judge Hearing = Within 48 hrs committal

Withhold bail | Statutory exceptions = IF

Bail Act 1976, schedule 1

Withhold bail | Court satisfied

Substantial Grounds to Believe (10 reasons)

Withhold bail | Considerations

``` Right to liberty Nature + Seriousness Evidence Antecedents Bail Record Character + Associations + Community Ties ```

Withhold bail # 1 | Indictable / Either-way + Imprisonable

SGB = Fail to surrender SGB = Commit further offence SGB = Interfere with witness Unless NO real prospect of custodial sentence

Withhold bail # 2 | Indictable / Either-way + Imprisonable

On Bail + Committed (Indictable or Either-way) | Unless NO real prospect of custodial sentence

Withhold bail # 3 | Indictable / Either-way + Imprisonable

Pre-sentence Report

Withhold bail # 4 Indictable / Either-way + Imprisonable Summary + Imprisonable

Class A Drug motivated offence + Drug test = Positive + Refused assessment Unless NO risk of offence

Withhold bail # 5 Indictable / Either-way + Imprisonable Summary + Imprisonable

Insufficient information = Name; Address; Investigation

Withhold bail # 6 Indictable / Either-way + Imprisonable Summary + Imprisonable Non-imprisonable

(D) Protection

Withhold bail # 7 Indictable / Either-way + Imprisonable Summary + Imprisonable Non-imprisonable

Serving sentence

Withhold bail # 8 Indictable / Either-way + Imprisonable Summary + Imprisonable Non-imprisonable

Breach bail conditions + Current proceedings + Substantial Grounds to Believe Unless NO real prospect of custodial sentence

Withhold bail # 9 Summary + Imprisonable Non-imprisonable

Believe ‘Fail to surrender' + Previous ‘Fail to surrender'

Withhold bail # 10 Summary + Imprisonable Non-imprisonable

Risk to ‘Associated Person’

Bail conditions | Unconditional

Duty to surrender = Date + Place

Bail conditions | Conditional - Examples

``` Residence Curfew Electronic tagging = Consent Non-contact order Report to Police Surety (promise to court) Security (sum paid to court) ```

Bail conditions | Conditional - Purpose

``` Assist = Sentencing report; Legal representative Prevent = FTS; Offence; Interfere ```

Bail conditions | Conditional - WHEN

Necessary | OR (D) Protection

Bail conditions | Vary Conditions

Agreement | Application = (P) and (D); Notice (2 days; Reasons)

Bail procedure | (MC) - Application 01

(P) Representations = Offence facts; Antecedents; Statutory exceptions; Sureties; NOT Below sentence (D) Representations = ‘Arguments X’; NO Risk; Bail conditions

Bail procedure | (MC) - Application 02

(D) Representations = Repeat ‘Arguments X’ Certificate of Full Argument Hearing = Within 8 clear days

Bail procedure | (MC) - Application 03 +

(D) Representations = ‘Arguments Y’ New considerations Change in circumstance

Bail procedure | (CC) - Application 03

(D) Notice = (P) + MC + CC Time = ASA Reasonable Certificate of Full Argument + Reasons (P) Representations = Offence facts; Antecedents; Statutory exceptions; Sureties; NOT Below sentence (D) Representations = ‘Arguments X’; NO Risk; Bail conditions Hearing = Within 1 clear day (notice)

Bail procedure | (CC) - Application 04

(D) Representations ‘Arguments Y’ New considerations Change in circumstance

(P) Bail appeal | Applications # (of times)

Once = (MC) OR (CC)

(P) Bail appeal | Required

Imprisonable offence | DPP Prosecution = CPS; HMRC

(P) Bail appeal | Procedure

Objection at Bail Notice = Oral (upon release); Writing (2 hrs) Hearing = Within 2 clear days

Bail breach | Fail to surrender

Offence = Bail Act 1976 s. 6

Bail breach | FTS - Result

Bench Warrant = Arrest Loss = Surety (promise); Security (payment) Trial in absence Adjourn = Reasonable excuse

Bail breach | FTS - Reasonable excuse

``` Burden on (D) Standard of proof = Balance of probabilities ```

Bail breach | FTS - Max. sentence

``` (MC) = 3 months + £5k fine (CC) = 12 months + Unlimited fine ```

Bail breach | Conditions

NOT Offence | Hearing = Within 24 hrs

Bail breach | Conditions - Police Arrest

Belief = NOT surrender; Break condition | Surety notice

Bail breach | Conditions - 2 Stage Test

1. Breach | 2. Reasonable excuse + Bail purpose

Bail breach | Conditions - Result

Remand on bail = Same conditions; New conditions Remand in custody = NOT surrender; Break condition Loss = Surety (promise); Security (payment)