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BTC- Criminal Litigation > Topic 2- Bail and Remands > Flashcards

Topic 2- Bail and Remands Flashcards

1
Q

What is adjournment?

A

This is where the court puts off or postpones proceedings

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2
Q

What is remand?

A

Where the accused is arranged to return to court at a later date

Can be either on bail or in custody

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3
Q

Remand in Custody

A

Where the accused is held in custody until they go to court at a later date

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4
Q

Remand on Bail

A

Where the accused is bailed, and given their freedom

They must then return to court on a later date

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5
Q

When can magistrates’ court adjourn proceedings?

A

Any stage before being sent to Crown Court or before a summary trial

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6
Q

Maximum period a magistrates’ may remand an accused in custody

A

8 clear days (this is subject to exceptions)

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7
Q

What are the exceptions for the max period MC may remand an accused in custody?

A

Usually 8 days, except when-

  • Following summary conviction, remand for three weeks
  • May also extend up to 28 clear days
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8
Q

Can someone who has been brought to court after an earlier remand be remanded again?

A

Yes, the only limitation on the number of remands is in the discretion of the magistrates’

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9
Q

Maximum time for remand on bail

A

8 days- however, can be extended if pros and def agree

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10
Q

When can the Crown Court grant bail?

A

When they have been sent in custody for trial in CC

When they have been given a custodial sentence in MC, but are appealing to CC

Pending case disposal

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11
Q

Can someone be granted bail if they are accused with murder?

A

They cannot, unless by the order of a Crown Court judge

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12
Q

What is the rebuttable presumption of bail?

A

That there is presumption in favour of bail, unless there are reasons not to give bail

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13
Q

What are the exceptions to presumption in favour of bail?

A

The court may not grant bail to an accused charged with homicide or rape, if there is a previous conviction

(unless exceptional circumstances)

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14
Q

What are the three grounds for refusing bail for indictable offences?

A

If the court believes that the accused would-

Fail to surrender to custody

Commit an offence while on bail

Interfere with witnesses or obstruct the course of justice

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15
Q

What is the standard of proof for refusing bail?

A

That there are substantial grounds for believing…

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16
Q

What is the exception to the three grounds of refusing bail for indictable offences?

A

If there is no real prospect of a custodial sentence

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17
Q

Factors the court uses to see if bail should be refused for indictable offences

A

Nature and seriousness of the offence

Accused’s character, antecedents, community associations

Record for answering bail

Strength of evidence

If they believe he will commit further offences

For their own protection

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18
Q

What happens if an accused has tested positive for class A drugs, and has been accused of shoplifting?

A

He should not be granted bail, as there is a substantial risk he will commit further offences to fund his drug addiction

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19
Q

Exceptions to presumption of bail for summary offences

A

Where the accused has previously failed to surrender to custody on bail

There are substantial grounds for believed the accused will commit an offence on bail

Accused’s own protection

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20
Q

Unconditional Bail

A

The accused simply has to surrender to custody at the date and time specified

21
Q

Reasons for Imposing Bail Conditions

A

To ensure the accused-

Surrenders to custody

Does not commit an offence on bail

Does not interfere with witnesses

22
Q

Commonly Imposed Bail Conditions

A

Condition of residence

Condition of reporting

Curfew

Restriction from entering an area or building

Condition not to contact victim or witnesses

Surrendering passport to poli e

23
Q

What bail conditions would best to prevent risk of absconding?

A

Condition of Residence

Condition to notify any changes of address to police

Condition of reporting

Surrendering passport

24
Q

What bail conditions would best to prevent risk of committing further offences?

A

Curfew

Condition not to enter a certain building or area

25
Q

What bail conditions would best to prevent interference with witnesses?

A

Condition not to enter a certain area or building

Condition not to contact victim or witnesses

26
Q

Which bail condition is electronic monitoring commonly used with?

A

Curfew

27
Q

What are sureties?

A

A person may provide one or more sureties to secure their surrender to custody

Eg- usually money, or a valuable item (security)

28
Q

Can an accused vary their bail conditions?

A

Yes, they can apply to the court that granted them bail to vary their conditions

Must give advance notice to the court, explaining what is sought and why (must be at least 2 days before hearing)

29
Q

What happens if an accused breaches a bail condition?

A

The accused may be arrested without warrant, and bail withdrawn

30
Q

What is the procedure for a bail application?

A

It is regarded as a preliminary hearing

Each party must be present

The question of bail is always a matter of the court, but accused must ask the prosecution if they have any objections

31
Q

Can an accused make a bail application?

A

Yes, if they are remanded in custody, they can make another application at the next hearing

However, if the second application fails, they cannot make another

32
Q

What happens if an accused has been refused bail in MC?

A

They can apply for bail in Crown Court

They must give written notice to the MC, CC and pros

Can only apply once unless there are fresh arguments for bail

33
Q

Can prosecution appeal a decision to grant bail?

A

Yes, they can appeal to the CC if MC grants bail, OR,

Appeal to the High Court if CC grants bail

Can only appeal if the offence would be imprisonable

34
Q

What can the court do if the accused fails to appear on bail?

A

May issue an arrest warrant (bench warrant)

May adjourn and extend accused’s bail

May proceed in accused’s absence (only if there is a good reason for the absence in either way trials)

35
Q

When may police arrest accused for breaching bail conditions?

A

If they have reasonable grounds for believing they are not likely to surrender to bail

If they have reasonable grounds for believing they have breached a bail condition

A surety has given written notice that they believe they will breach bail

36
Q

What happens after an accused is arrest for breaching bail?

A

They must be brought before MC as soon as reasonably practicable

Only Magistrates can deal with it, even if CC granted bail

37
Q

What is a section 7 BA inquiry?

A

Where the court hears representations from pros and def to consider if an accused has breached bail

38
Q

What happens if an accused fails to surrender to bail?

A

They are guilty of an offence of absconding

This is punishable on summary conviction or contempt of court

39
Q

If someone commits criminal damage under £5000, can they be refused bail?

A

No, they will not be refused bail if the criminal damage is under £5000

40
Q

What are custody time limits?

A

The maximum period for which an accused may be kept in custody whilst awaiting trial

41
Q

Custody time limit for indictable offence between first appearance in MC and committal proceedings

A

70 days in custody max

42
Q

Custody time limit for either way offence between first appearance in MC and summary trial

A

70 days, unless the decision for summary trial is taken, then it is 56 days

43
Q

Custody time limit between an accused committed for trial in Crown Court and start of trial

A

112 days

44
Q

Custody time limit between an accused committed for trial in Crown Court and start of trial (multiple offences)

A

112 days for each count

45
Q

What happens if the custody time limit expires?

A

The accused must be granted bail and released

46
Q

Can the court extend the custody time limit?

A

Yes, but only if-

  • The prosecution has acted with all due diligence
  • There is a good and sufficient cause for doing so
47
Q

Custody time limit for trial under CDA s51

A

182 days between sending to CC and start of trial

But must deduct any amount of time the accused was held by magistrates’ in custody

48
Q

An accused has breached his bail and is remanded in custody, and spends 7 days in Magistrates’. The case is then sent to Crown Court. How many days will the custody time limit expire?

A

175 days

182 days from sending is the original and then minus 7 days

49
Q
A

BTC- Criminal Litigation (7 decks)

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