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Bail Notes

BPTC Law Notes > BPTC Criminal Litigation Notes

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A more recent version of these Bail notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:


? definitions o adjournment = case put off to different court session same / another day, regardless of whether remand

o remand = decision of court to release on bail OR remand in custody when proceedings left un-concluded ? effect: case adjourned Remands in mags'

? when will an adjournment be a remand?
o whenever mags' adjourn, may remand D o mags' must make remand decision if: (a) D on bail OR in custody when first appeared in court; OR (b) if has been remanded at any time for proceedings for offence in question

o [?] must remand: (a) if adjourn during summary trial of either way offence (b) if adjourn during mode of trial procedure for either way offence (c) following committal to CC for trial OR sentence o choice of whether to remand OR adjourn if adjourn before verdict on summary only offence

? remand to police custody o mags' can remand at police station instead of prison o only if necessary to enquire into offences other than ones he is in court for AND must be brought back before mags' as soon as need ceases Duration of remands in mags' N.B. subject to custody time limits

? maximum duration for single remand, after which D produced before mags' again for further remand =

o before conviction
? in custody (a) 3 clear days (police custody) (b) 8 clear days (prison custody) unless either way ? whenever mags' can re-convene

i. D can consent to be re-remanded in absentia for up to 24 (3x8) clear days total if legally represented before must appear again

(c) 28 clear days (prison custody) if: i. D in court AND previously remanded in custody for same offence AND date for next stage fixed (s128A MCA); OR

ii. D has at least 28 days remaining on current custodial sentence

? on bail (a) any period pros and defence agree o after conviction
? in custody (a) 3 weeks for enquiries / PSR
? on bail (a) 4 weeks for enquiries / PSR Remands in CC

? NO simple adjournments
? once sent to CC, judge has power to grant bail for period before matter dealt with i.e. till listed for hearing - subject to custody time limits but NOT remand time limits (s81 SCA)

? once trial starts, judge has absolute discretion whether to remand in custody OR bail overnight and during breaks CUSTODY TIME LIMITS - also in SGS 18 (Trial process 2)

? definition o = max period D can be kept in custody whilst relevant preliminary stage of proceedings is being completed

o complies with art 5(3) i.e. = 'trial within reasonable time / release pending trial'
? preliminary stage o custody time limit ceases to operate at start of trial o start of trial =point jury sworn / court accepts G plea (CC)if there is a preparatory hearing, that is deemed to = start of trial (CC)when court begins to hear pros evidence (unless re: hospital order) /
accepts G plea (mags')

? time limits N.B. if sent to CC, any time spent in custody in mags' is deducted ? max is 182 days total

(a) summary offences i. between first appearance + summary trial - 56 days (b) either way offences i. between first appearance + mags' allocate summary trial within 56 days 56 days

ii. between first appearance + s51 sending OR mags' allocate summary trial after 56 days- 70 days

iii. between s51 sending to CC + start of trial - 182 days (c) indictable only offences i. between s51 sending to CC ('forthwith on first appearance') + start of trial
- 182 days

? expiry / extension of time limits

o on expiry, D must be released on bail (BUT see below) o on expiry, CPS / pros should: (a) apply for extensionDs charged with homicide / rape after a pre-con: NOT entitled to bail, so pros do not need to satisfy test belowother offences: pros must show (on balance of probs) that:

i. there is a good + sufficient cause for the extension; AND

ii. it has acted with all die diligence + expedition

(b) bring D back to court to be released on bailalthough D must be released

o prison governor CANNOT release D without court order; and

o CPS NOT liable for breach of statutory duty if fails to return D to court after expiry of time limit

o NO action against home office for false imprisonmentlimits on bail conditions

o can only include conditions which must be complied with after release (e.g. residence) NOT a conditions precedent to release (e.g. surety)

o remedies if D continues to be detained in absence of court order (a) apply to CC for bail (b) seek habeus corpus (c) seek JR RIGHT TO BAIL (s4 BA 1976)

? rebuttable presumption in favour of bail whenever D appears in court (mags' or CC) in course of / in connection to proceedings for offence

? does NOT apply, BUT still discretion to grant bail: (a) after conviction (unless adjourn for PSR) N.B. if plead G at plea before venue and on bail before, unusual to alter position

(b) (c) (d) (e)

on arrest (unless street bail) on charge when warrant for arrest issued to police bail (when D released without charge) (BUT duty to grant bail akin to s4 (s38(1) PACE))

(f) murder - may NOT be granted unless CC think NO significant risk of F committing offence on bail likely to cause mental / physical injury to another

(g) murder, manslaughter, rape, serious sexual offence AND pre-con for aforementioned offence (if manslaughter need custodial sentence) ? can only grant if 'exceptional circumstances which justify it'

(h) commit offence whilst on bail:

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