BAIL

Question 1

What are the time limits on remanded custody

Answer 1

70 days before trial for an either- way offence

However, if the case involves an either- way offence and the allocation hearing takes place within 56 days, the custody time limit for the either- way offence is reduced to 56 days

56 days before trial for a summary- only offence

Question 2

How can a remand be extended?

Answer 2

Court can extend for up to 28 days if:
1. D been remanded for same crime before
2. D was present in court when decision was made
3. Court can set a specific date for when next stage of case will be

Question 3

Prosecution’s application for extension on custody time limit before a hearing must be done within…

Answer 3

2 days notice of the hearing

If time limit expires before this successful application, def is released on bail until trial

Question 4

What must the prosecution show to request extension of remand in custody of 70/56 days?

Answer 4

Good sufficient reason for extension

They are acting with due diligence and expedition

Question 5

Admin procedure if a defendant is charged with murder, and then applies for bail

Answer 5

Only CC judge to grant it

Mags to send CC in custody

CC to make decision within 48 hours

Question 6

In Mags court, what are the remand time frames?

Answer 6

Can’t be kept in custody for more than 8 days without appearing in court again

If in mags, must appear in court every fourth remand if D there long enough

Question 7

Magistrates’ court can remand a defendant to police custody for…

Answer 7

up to 3 days

this is ONLY to investigate other charges not related to this one in the interim

Question 8

Following conviction, a defendant may be remanded in custody before sentence for…

Answer 8

Successive 3 weeks

If remanded on bail following conviction, no more than successive 4 weeks

Question 9

The presumption in favour of bail does not apply to?

Answer 9

Those committed to the CC for sentence; or
Those appealing their sentence

Question 10

Presumption of bail exists for?

Answer 10

1. all defendants prior to conviction;
2. defendants convicted who are awaiting sentencing evidence during adjournment
3. defendants appearing for breach of community sentence

No presumption arising if serious specified offence

Question 11

The court need not grant bail if there are substantial grounds to believe the defendant would:

Remember, this only applies to indictable and prisonable either-ways

Answer 11

(a) fail to attend court

(b) commit offence on bail

(c) bother other witnesses or obstruct investigation

Remember anything other than this is supporting material

Question 12

What factors support CPS in denying grounds of bail?

Answer 12

1. nature, seriousness, likelihood of custodial sentence
2. character, antecedents, ties to local community
3. the defendant’s record in respect of previous bails
4. the strength of the evidence against the defendant

Question 13

How many bail applications do you get at Mags court?

Answer 13

2, then you need to give new factual or legal arguments

Question 14

A defendant who is refused bail by the magistrates’ court (or who has been refused an application to vary a bail condition) may appeal against this decision to…

Answer 14

the Crown Court provided the magistrates have issued the ‘certificate of full argument’

Question 15

How should CPS appeal the bail for D?

Answer 15

1. Oral notice following the hearing it was granted at, before D is released
2. Put in writing and serve on D within 2 hours
3. CC to hear the notice within 2 days

Question 16

To oppose the bail decision of mags court, what should the defence do?

Answer 16

notice of application to CC, mags, CPS, sureties

heard in CC usually within a business day

If CPS oppose they have to give reasons why

Question 17

If arrested for failing to attend, whether they are charged…

Answer 17

depends on CPS for police bail

depends on court for court bail (ie when bail was given at a hearing)

Question 18

Is breaching a bail condition an offence?

Answer 18

No

it will be if you fail to show at the next hearing

Question 19

For non-imprisonable sentences, what are the rare circumstances the court might not give bail?

Answer 19

1. history of abscond
2. against their welfare
3. already serving custodial sentence for something else unrelated

Question 20

Steps to applying for bail?

Answer 20

1. cps rep provides all material info to d.s and court
2. CPS will state an objection with relevant grounds
3. D.s will make application
4. MAGs will hear witnesses for D like an employer or landlord
5. MAG will decide and impose conditions where relevant

Question 21

if bail is refused or granted with conditions, reasons must be recorded in a ….

Answer 21

certificate of full argument