Topic 2- Bail and Remands

Question 1

What is adjournment?

Answer 1

This is where the court puts off or postpones proceedings

Question 2

What is remand?

Answer 2

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

Can be either on bail or in custody

Question 3

Remand in Custody

Answer 3

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

Question 4

Remand on Bail

Answer 4

Where the accused is bailed, and given their freedom

They must then return to court on a later date

Question 5

When can magistrates’ court adjourn proceedings?

Answer 5

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

Question 6

Maximum period a magistrates’ may remand an accused in custody

Answer 6

8 clear days (this is subject to exceptions)

Question 7

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

Answer 7

Usually 8 days, except when-

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

Question 8

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

Answer 8

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

Question 9

Maximum time for remand on bail

Answer 9

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

Question 10

When can the Crown Court grant bail?

Answer 10

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

Question 11

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

Answer 11

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

Question 12

What is the rebuttable presumption of bail?

Answer 12

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

Question 13

What are the exceptions to presumption in favour of bail?

Answer 13

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

(unless exceptional circumstances)

Question 14

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

Answer 14

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

Question 15

What is the standard of proof for refusing bail?

Answer 15

That there are substantial grounds for believing…

Question 16

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

Answer 16

If there is no real prospect of a custodial sentence

Question 17

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

Answer 17

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

Question 18

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

Answer 18

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

Question 19

Exceptions to presumption of bail for summary offences

Answer 19

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

Question 20

Unconditional Bail

Answer 20

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

Question 21

Reasons for Imposing Bail Conditions

Answer 21

To ensure the accused-

Surrenders to custody

Does not commit an offence on bail

Does not interfere with witnesses

Question 22

Commonly Imposed Bail Conditions

Answer 22

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

Question 23

What bail conditions would best to prevent risk of absconding?

Answer 23

Condition of Residence

Condition to notify any changes of address to police

Condition of reporting

Surrendering passport

Question 24

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

Answer 24

Curfew

Condition not to enter a certain building or area

Question 25

What bail conditions would best to prevent interference with witnesses?

Answer 25

Condition not to enter a certain area or building Condition not to contact victim or witnesses

Question 26

Which bail condition is electronic monitoring commonly used with?

Answer 26

Curfew

Question 27

What are sureties?

Answer 27

A person may provide one or more sureties to secure their surrender to custody Eg- usually money, or a valuable item (security)

Question 28

Can an accused vary their bail conditions?

Answer 28

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)

Question 29

What happens if an accused breaches a bail condition?

Answer 29

The accused may be arrested without warrant, and bail withdrawn

Question 30

What is the procedure for a bail application?

Answer 30

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

Question 31

Can an accused make a bail application?

Answer 31

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

Question 32

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

Answer 32

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

Question 33

Can prosecution appeal a decision to grant bail?

Answer 33

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

Question 34

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

Answer 34

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)

Question 35

When may police arrest accused for breaching bail conditions?

Answer 35

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

Question 36

What happens after an accused is arrest for breaching bail?

Answer 36

They must be brought before MC as soon as reasonably practicable Only Magistrates can deal with it, even if CC granted bail

Question 37

What is a section 7 BA inquiry?

Answer 37

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

Question 38

What happens if an accused fails to surrender to bail?

Answer 38

They are guilty of an offence of absconding This is punishable on summary conviction or contempt of court

Question 39

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

Answer 39

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

Question 40

What are custody time limits?

Answer 40

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

Question 41

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

Answer 41

70 days in custody max

Question 42

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

Answer 42

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

Question 43

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

Answer 43

112 days

Question 44

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

Answer 44

112 days for each count

Question 45

What happens if the custody time limit expires?

Answer 45

The accused must be granted bail and released

Question 46

Can the court extend the custody time limit and in what circumstances?

Answer 46

Yes, but only if- - The prosecution has acted with all due diligence - There is a good and sufficient cause for doing so

Question 47

Custody time limit for sending an accused to CC and the start of trial under CDA s51

Answer 47

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

Question 48

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?

Answer 48

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

Question 49

Where an accused has breached his bail, what must happen?

Answer 49

The court will hear representations from the prosecution and defence as to whether or not a breach has occurred If the court decides there has been a breach, they must consider whether they should be granted bail again

Question 50

If an accused has failed to attend trial without reason, what is the likely course of action with regard to summons and bail?

Answer 50

Issue a warrant for the accused's arrest, not backed for bail

Question 51

An accused is charged with rape, and has previous convictions for murder. Can he be granted bail?

Answer 51

No, unless there are exceptional circumstances which justify it

Question 52

If bail has been refused twice, how can accused apply again?

Answer 52

They must apply to the Crown Court

Question 53

If the MC refuse bail, what is an accused's next option?

Answer 53

The second bail application should be made at the next hearing in magistrates' The same points can be argued as before

Question 54

What is the purpose for imposing a surety?

Answer 54

Can only be imposed for the purpose of securing surrender to custody, no other purpose

Question 55

What is the maximum period of time an accused can spend in custody without charge?

Answer 55

96 hours This is if it has been extended by the MC

Question 56

What is the time limit for bringing proceedings for an either-way offence?

Answer 56

There is no time limit for bringing proceedings for an either-way offence

Question 57

What three things must be contained in a written charge?

Answer 57

A description of the offence in ordinary language Identifying the legislation that creates the offence Sufficient particulars of the conduct of the offence

Question 58

Where a person has been committed to Crown Court for sentence, do they have a presumption of bail?

Answer 58

No

Question 59

What is the only time the prosecution can object to bail after it has been granted?

Answer 59

The prosecution can only appeal bail if they orally indicated the intent to appeal at the hearing when bail was granted

Question 60

If an accused has absconded bail on previous occasions, is this a ground for withholding bail?

Answer 60

No The ground must be that there is a reasonable ground for believing the accused would abscond

Question 61

What is the custody time limit between an accused's first appearance and the start of trial in MC?

Answer 61

182 days (minus any time already spent in custody)

Question 62

What type of offence is absconding from bail?

Answer 62

Summary offence

Question 63

Where an accused is charged with murder, can the MC grant bail?

Answer 63

No, only a Crown Court judge can

Question 64

What is an "associated persons" ground?

Answer 64

This is an objection for bail where the accused has committed an offence against an associated person, usually a spouse Therefore, they can object bail if they believe he will commit further offences against them