Topic 2- Bail and Remands Flashcards
What is adjournment?
This is where the court puts off or postpones proceedings
What is remand?
Where the accused is arranged to return to court at a later date
Can be either on bail or in custody
Remand in Custody
Where the accused is held in custody until they go to court at a later date
Remand on Bail
Where the accused is bailed, and given their freedom
They must then return to court on a later date
When can magistrates’ court adjourn proceedings?
Any stage before being sent to Crown Court or before a summary trial
Maximum period a magistrates’ may remand an accused in custody
8 clear days (this is subject to exceptions)
What are the exceptions for the max period MC may remand an accused in custody?
Usually 8 days, except when-
- Following summary conviction, remand for three weeks
- May also extend up to 28 clear days
Can someone who has been brought to court after an earlier remand be remanded again?
Yes, the only limitation on the number of remands is in the discretion of the magistrates’
Maximum time for remand on bail
8 days- however, can be extended if pros and def agree
When can the Crown Court grant bail?
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
Can someone be granted bail if they are accused with murder?
They cannot, unless by the order of a Crown Court judge
What is the rebuttable presumption of bail?
That there is presumption in favour of bail, unless there are reasons not to give bail
What are the exceptions to presumption in favour of bail?
The court may not grant bail to an accused charged with homicide or rape, if there is a previous conviction
(unless exceptional circumstances)
What are the three grounds for refusing bail for indictable offences?
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
What is the standard of proof for refusing bail?
That there are substantial grounds for believing…
What is the exception to the three grounds of refusing bail for indictable offences?
If there is no real prospect of a custodial sentence
Factors the court uses to see if bail should be refused for indictable offences
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
What happens if an accused has tested positive for class A drugs, and has been accused of shoplifting?
He should not be granted bail, as there is a substantial risk he will commit further offences to fund his drug addiction
Exceptions to presumption of bail for summary offences
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
Unconditional Bail
The accused simply has to surrender to custody at the date and time specified
Reasons for Imposing Bail Conditions
To ensure the accused-
Surrenders to custody
Does not commit an offence on bail
Does not interfere with witnesses
Commonly Imposed Bail Conditions
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
What bail conditions would best to prevent risk of absconding?
Condition of Residence
Condition to notify any changes of address to police
Condition of reporting
Surrendering passport
What bail conditions would best to prevent risk of committing further offences?
Curfew
Condition not to enter a certain building or area
What bail conditions would best to prevent interference with witnesses?
Condition not to enter a certain area or building
Condition not to contact victim or witnesses
Which bail condition is electronic monitoring commonly used with?
Curfew
What are sureties?
A person may provide one or more sureties to secure their surrender to custody
Eg- usually money, or a valuable item (security)
Can an accused vary their bail conditions?
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)
What happens if an accused breaches a bail condition?
The accused may be arrested without warrant, and bail withdrawn
What is the procedure for a bail application?
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
Can an accused make a bail application?
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
What happens if an accused has been refused bail in MC?
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
Can prosecution appeal a decision to grant bail?
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
What can the court do if the accused fails to appear on bail?
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)
When may police arrest accused for breaching bail conditions?
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
What happens after an accused is arrest for breaching bail?
They must be brought before MC as soon as reasonably practicable
Only Magistrates can deal with it, even if CC granted bail
What is a section 7 BA inquiry?
Where the court hears representations from pros and def to consider if an accused has breached bail
What happens if an accused fails to surrender to bail?
They are guilty of an offence of absconding
This is punishable on summary conviction or contempt of court
If someone commits criminal damage under £5000, can they be refused bail?
No, they will not be refused bail if the criminal damage is under £5000
What are custody time limits?
The maximum period for which an accused may be kept in custody whilst awaiting trial
Custody time limit for indictable offence between first appearance in MC and committal proceedings
70 days in custody max
Custody time limit for either way offence between first appearance in MC and summary trial
70 days, unless the decision for summary trial is taken, then it is 56 days
Custody time limit between an accused committed for trial in Crown Court and start of trial
112 days
Custody time limit between an accused committed for trial in Crown Court and start of trial (multiple offences)
112 days for each count
What happens if the custody time limit expires?
The accused must be granted bail and released
Can the court extend the custody time limit?
Yes, but only if-
- The prosecution has acted with all due diligence
- There is a good and sufficient cause for doing so
Custody time limit for trial under CDA s51
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
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?
175 days
182 days from sending is the original and then minus 7 days
