Bail - procedure

Question 1

What is the procedure for applying for bail?

Answer 1

If D has been refused bail by police, D will appear before next available MC in custody
* if prosecution has no objection, then this will be stated at court.
* if prosecution does have object to grant of bail, proecutor will outline objection to court
* D will then present arguements for bail to be granted
* After both submissions, court will announce its decision - where D has right of bail, court must give reasons if it refused bail or impose conditions - form setting out court’s decision will be completed.

Question 2

If Bail is refused, what can D do next?

Answer 2

• Usual approach is to re-apply in MC, which will take place a week after first appearence OR
• D can appeal to CC - requires certificate of full argument from MC (confirmation they heard case and refused bail and reasons why) - appeals are heard one business day after appeal notice is served.

Question 3

What is the bail timeline in the usual case?

Answer 3

• D attends court first time case is listed and applies for bail
• Bail is refused, case will be returned to court a week later, where issue of bail can be raised a second time - D may raise new grounds and/or arguments in favour of bail but does not have to and can make identical applications
• If bail is refused again before MC, D may appeal to CC - D must secure a certificate of full argument from MC before doing so and appeals are heard one business day after appeal notice is served.
• If bail refused by CC, then D can make further applications to MC, but only if there has been a change in circumstances

Question 4

What is the bail timeline in urgent cases?

Answer 4

• D attends court first time case is listed and applies for bail.
• Bail is refused, D considers it urgent so D may appeal to CC immediately rather than waiting a week to re-apply to MC - though D must secure certificate of full agrument from MC before doing so and appeals are heard one business day after an appeal notice is served.
• If D appeals to CC after one application in MC and bail is refused in CC, then D loses right to second application in MC
• D can still make further application to MC but only if there has been a change in circumstances.

Question 5

What happesn if MC grants bail?

Answer 5

Prosecution can appeal against granting bail but it’s rare.

• prosecution must have opposed bail originally
• offence must be punishable by imprisonment
• prosecution indicates orally at hearing when bail is granted that they will appeal (D is then held in custody)
• intention to appeal is confirmed in writing and served on court and defence within 2 hrs
• appeals is heard within 48hrs excluding weekends
• appeal is heard by a CC judge

Question 6

What happesn if CC grants bail?

Answer 6

Rare for prosecution to appeal grant of bail - procedure is the same as MC appeal save that appeal is heard by a High Court Judge sitting in High Court.

Question 7

Custody time limits?

Answer 7

Rule is that a prosecution cannot hold D beyond the ‘custody time limits’ unless court has sanctioned extension = this is to ensure prosecution bring cases to trial within proper time frame.
* limits depends on classification of offence
* 56 days for trial in MC of summary or either-way offences and
* 182 days for trial in CC of indicatable only or either-way offences, less any days spent in custody prior to case being sent to CC (usually 0, if not, deduct from days)

Question 8

Custody time limit expiry?

Answer 8

Trial must commence before expiry of custody time limit.
* in MC, start of trial is defined as when court begins hearing evidence from prosecution
* in CC, start of trial is when jury is sworn

If limits expire D will be released, unless prosecution applies to extend time limits acan can show it has acted will ‘all due-dilgence and expedition’ and that there is ‘good and sufficient cause’ to have D further remanded in custody.

Question 9

Remand in MC?

Answer 9

Sent to CC:
* where D is charged with an offence that is sent to CC (indictable only or either-way where MC decline jurisdiction ot D elects crown-court trial), custody time limit is 182 days and D will not make a further appearance in MC.

Trial in MC:
* there are particular rules as to how long a person can be remanded into custody for where they are going to be tried in MC
* if D is remanded into custody at their first hearing and trial will take place in MC, their remand must be for no more than 8 clear days = meaning they must be brought back to court, within 8 clear days so that another bail application can be made, though D may choose not to make one.

Question 10

What about when the second appearance happens?

Answer 10

• Second appearance can be via a video link and most courts now operate this as a default position.
• after second appearance, D must be brought back to court every 28 days or fewer so that court can ‘remand them onwards’ to their next trial.
• This is considered a waste of time as nothing changes within those 28 days, especially where trial is months away - as such, D can consent at ny time to these onward remand being conducted in their absence (no video link) and MC just have to say, ‘I remand…for a further 28 days in their absence’.
• Trial must be 56 days of first appearance unless prosecution successfully applies to extend custody time limit.