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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:

BAIL Remands & Adjournments Remand occurs when court adjourns and either bails accused for period of adjournment or he remands in custody. If simple adjournment, no remand (ie. no requirement to put Defendant in custody or release on bail), therefore if Defendant fails to attend after adjournment, no adverse consequences (except likely conviction in absentia) Magistrates Court has general power to adjourn a case at any point prior to/during committal proceedings or summary trial. Magistrates have discretion to simply adjourn without remanding if:

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summary offence and there was an adjournment prior to trial, or

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offence triable either way and the Defendant has not been remanded before as attended court in answer to summons.

In all other cases, Magistrates must remand. Periods of Remand

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Magistrates remand Defendant's in custody prior to committal proceedings/summary trial - maximum length: 8 clear days
* At the end of period, must bring before Magistrates Court, who may remand in custody again.
* Although may appear before court to be re-remanded multiple times, defence can only make 2 bail applications unless fresh considerations arise since refusal.

s128 Magistrates Courts Act - Defendant may consent to being remanded in custody for max 28 days without attending court.
* Defendant consents to up to 3 remands in his absence
* Not possible if Defendant is a juvenile or is not legally-represented. s128A Magistrates Courts Act - Magistrates may remand the Defendant in custody (whether or not he consents):
* if date for next stage of proceedings set,
* remand for period until that date or 28 clear days, whichever is less,
* does not apply at first remand - only second or subsequent remands where Defendant is refused bail
* Magistrates must consider the total period Defendant would spend in custody if they remand him in this way.
* May also remand in custody for max 28 days if Defendant is all ready serving a custodial sentence for some other offence. Remands after conviction for purpose of preparing reports:
* In custody - max: 3 weeks

* On bail - max: 4 weeks Remands after committal/sending to Crown Court for trial/sentence - for whatever period until case heard by Crown Court. Custody Time-Limits s22 Prosecution of Offences Act 1985 - Regulations laying down custody time-limits Summary Offence 56 days - From first appearance at Magistrates Court to summary trial Either-way Offence 70 days - from first appearance at Magistrates Court to summary trial 70 days - from first appearance at Magistrates Court to committal proceedings 112 days - from committal for trial to arraignment Indictable-only Offence 70 days - from first appearance to decision to send to Crown Court 182 days - from date sent from Magistrates Court to start of trial Expiry of Time-Limit

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When Defendant is remanded in custody and time-limit expires, exceptions to right to bail in Sch.1 no longer apply - Therefore Defendant gets absolute right to bail

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Court cannot impose:
* surety condition, or
* any condition which must be complied with before release.

Extending Time-Limits

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Prosecution can apply, before expiry, to extend time-limit under s22 Prosecution of Offences Act 1985

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Court must be satisfied that:
* need for extension due to:
#

illness/absence of Defendant, a necessary Witness, a Judge or a Magistrate,

# ordering by court of separate trials where 2+ Defendants or 2+ offences, or
# some other good or sufficient cause, and
* Crown acted with all due expedience.

Times when Defendant may be Granted Bail During arrest and charge procedure at Police Station

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Bail may arise:
* after Defendant charged, or
* when Defendant released without charge (police bail)

When Magistrate issues arrest warrant for person named in Information

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Magistrate, when issuing warrant based on written information, should consider whether to back for bail.

*

Magistrates Court/Crown Court issuing warrant may also back it for bail.

Magistrates Court has jurisdiction to grant bail When:

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Remands Defendant for period of adjournment prior to committal proceedings/summary trial

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Remands Defendant after conviction for period for reports to be prepared

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Commits/sends Defendant to Crown Court for trial on indictment or sentence

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Defendant appealing to Crown Court or Divisional Court from a decision of the Magistrates Court

Crown Court has jurisdiction to grant bail When (s81(1) Senior Courts Act):

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Magistrate has remanded Defendant in custody and issued a certificate that heard full argument before refusing bail

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Defendant committed/sent for trial/sentence in custody,

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Defendant appealing to Crown Court against conviction/sentence by Magistrates Court

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Defendant appealing from Crown Court to Divisional court by way of case stated

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Defendant seeking JR of Crown Court decision

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Crown Court Judge certified case as fit for appeal to COA against conviction/sentence

Crown Court also has inherent jurisdiction to grant bail during the course of trial or for period of adjournment for reports after conviction If Defendant on bail prior to commencement of trial, and surrenders to custody at appointed time, normally bail renewed for any overnight adjournments Bail may be withdrawn if real danger may abscond or interfere with Witnesses or jurors If Prosecution case strong and custodial sentence likely, bail often withdrawn once Judge commences summing-up Consolidated Criminal Practice Direction, para III.25 - principles governing bail during course of trial Defendant charged with murder - may only be granted bail by Crown Court Judge HC jurisdiction to grant bail to Defendant appealing by way of case stated/seeking JR of

Magistrates Court or Crown Court Decision COA jurisdiction to grant bail to Defendant appealing against Crown Court conviction/sentence or, after unsuccessful appeal to COA, is appealing to SC Right to Bail s4 Bail Act 1976 - Gives Defendant a right to bail (except as provided in Sch.1) Applies whenever Defendant appears before Magistrates Court or Crown Court in course of/in connection to proceedings for offence Therefore, right to bail, on all appearances at Magistrates Court or Crown Court - even after conviction before sentence. Bail may not be granted if:

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no right to bail at the time,

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no right to bail due to circumstances (eg. murder charge), or

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Defendant refused bail under Sch.1

Times when Right to Bail does not apply Right only applies:

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prior to conviction,

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when Defendant appears in Court,

Therefore no right to bail when:

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Defendant being arrested,
* though Defendant may be released on street bail after arrest, subject to requirement to attend at station on specified date and time.

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Defendant being charged,

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Custody officer considering bail/custody after charge,

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warrant for arrest issued,

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after conviction, unless:
* adjournment for enquiries/reports, or
* Defendant subsequently brought before court for breach of Youth Rehab Order or community order

In all situations where Defendant has no right to bail, there is still discretion to grant bail. s38(1) PACE - Defendant shall be released from station (on bail or unconditionally) after charge unless CO reasonably fears that Defendant will abscond, interfere with Witnesses etc. Circumstances where No Right to Bail Murder (s114 Coroners and Justice Act 2009)

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If Defendant charged with murder - may not be granted bail unless Crown Court of the opinion:
* that there is no significant risk of Defendant committing an offence whilst on bail

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