Please enable JavaScript.

Coggle requires JavaScript to display documents.

Bail and Remands - Coggle Diagram

- - - - Repeated Bail Applications in the Crown Court
        
        It to bail applications in the Crown Court just as it applies to applications before the magistrates
        
        Therefore, if one application for bail has already been made to the Crown Court, a further argued application may not be presented unless there are fresh arguments or considerations to put before the court
- - - - Breach of any condition which has been imposed may result in the accused being arrested without warrant , and bail being withdrawn
- - - - Otherwise the appeal is deemed to be disposed of and the accused will be released on bail on the terms on which it was granted by the court when it granted bail
- - - - The prosecution the right to appeal (i) to the Crown Court against a decision by a magistrates' court to grant bail and (ii) to appeal to the High Court when the Crown Court grants bail other than in the context of an appeal against the grant of bail by a magistrates' court
      - This right is limited to cases where:
      - The accused is charged with, or convicted of, an offence which is (or would be in the case of an adult) punishable by imprisonment; and
      - The prosecution is conducted by or on behalf of the DPP (this includes prosecutions conducted by the CPS), or by a prosecutor specified which includes the SFO; the Department of Business and Trade and the Department for Work and Pensions; and a universal service provider within the meaning of the Postal Services Act 2011; and
      - Before bail was granted, the prosecution made representations that bail should not be granted
      - Arrest Following Grant of Conditional Bail by the Crown Court
        
        Where an accused has been sent for trial to the Crown Court, and is subsequently arrested for breach of a bail condition, the jurisdiction to deal with the accused must be exercised by a magistrate
        
        The magistrate must deal with the matter; there is no power to commit the accused to the Crown Court to be dealt with
        
        It follows from this that, even after the accused has been sent to the Crown Court for trial, an alleged breach of a bail condition must be dealt with by a magistrate
        
        If the magistrate finds that there has been no breach of a bail condition, the accused will remain on bail as before. If the magistrate finds that there has been a breach of bail, bail may be allowed to continue as before, or more stringent conditions may be imposed
        
        If the magistrate finds that the accused has indeed breached a bail condition, and decides that the withholding of bail (as opposed to granting bail but on more onerous conditions) would be appropriate, the magistrate should revoke bail and remand the accused in custody until the date fixed for the trial or further order of the Crown Court
        
        It is then open to the Crown Court to grant bail should the accused then apply for bail to the Crown Court
- - - - The officer has reasonable grounds for believing that the accused has broken, or is likely to break, any condition of bail; or
    - - The question for a magistrate before whom a person is brought is whether that person is likely to fail to surrender to custody, or else has broken or is likely to break any condition of bail (as the case may be)
      - If of the opinion that any of those matters is established, the magistrate may remand the accused in custody
      - Alternatively, the magistrate may grant bail subject to different conditions
        
        In most cases, where bail is granted more onerous conditions will be imposed
      - This applies where an accused who has attained the age of18 was released on bail, and has not yet been convicted in the current proceedings
      - In such a case, a magistrate cannot withhold bail if it appears that there is 'no real prospect that the person will be sentenced to a custodial sentence in the proceedings'
      - Where the magistrate is not of the opinion that the accused is likely to fail to surrender to custody or has broken, or is likely to break, a condition of bail, bail must be granted on the same conditions (if any) as were originally imposed
    - - The offence of absconding is when a person who has been released on bail and who fails, without reasonable cause, to surrender to custody, is guilty of an offence
      - The burden of showing reasonable cause is on the accused
      - Moreover, a person who had reasonable cause for failing to surrender on the appointed day nevertheless commits an offence by failing to surrender as soon after the appointed time as is reasonably practicable
        
        It follows that an accused who has a reasonable excuse for failing to attend court must surrender to custody as soon as reasonably practicable after that excuse ceases to apply (and commits an
      - The meaning of 'surrendering to custody' is where D fails to attend court following the issue of a summons (e.g., for failure to comply with requirements under a community order), an offences not been committed, since D is not on bail
      - D could be considered to be in contempt of court by not surrendering when required to do so, but that would require commencement of contempt proceedings
      - An offence is 'punishable either on summary conviction or as if it were a criminal contempt of court'
      - An offender summarily convicted of an offence is liable to imprisonment for up to three months and/or a fine of any amount
      - A magistrates' court which has convicted the offender offence may commit the offender to the Crown Court for sentence if either it considers that the offence merits greater punishment than it has power to inflict, or it is sending the offender for trial to the Crown Court for another offence and it considers that the Crown Court should deal with the absconding as well
        
        An offender who is committed to the Crown Court for sentence, or who is dealt with in the Crown Court as if guilty of a criminal contempt, is liable to imprisonment for up to 12 months and/or an unlimited fine
- - - - Where the magistrate is not of the opinion that the accused is likely to fail to surrender to custody or has broken, or is likely to break, a condition of bail, bail must be granted on the same conditions (if any) as were originally imposed
    - - In considering whether the accused has broken any condition of bail, a justice is entitled to rely upon hearsay material, so long as the material is properly evaluated
      - Requires a two-stage approach
    - - The second stage (assuming that the justice is satisfied that there has been a breach) is the point at which the reasons for the breach of bail become relevant
      - At that stage, the justice must consider all the issues relating to 'reasonable excuse' when deciding whether or not to grant bail
      - The breach of bail will be a factor, but only one factor, as to whether the bailed person is granted bail again
- - - - Bail grantable in connection with an offence to a person who is under arrest for the offence or for whose arrest for the offence a warrant (endorsed for bail) is being issued'
    - - A person who is granted bail may be required by the court to comply with such requirements as appear to the court necessary to secure that the person:
      - Surrenders to custody;
      - Does not commit an offence on bail;
      - Does not interfere with witnesses or otherwise obstruct the course of justice;
      - Is available for the making of inquiries or a report to assist in sentencing (this condition may be imposed only it appears to be necessary to do so for the purpose of enabling inquiries or a report to be made and
      - Attends an interview with a legal representative (this will nearly always be a solicitor)
      - Conditions may also be imposed for the protection of the accused (or, if a child or young person, for the accused's own welfare or interests
      - Arrest Following Grant of Conditional Bail by the Crown Court
        
        Where an accused has been sent for trial to the Crown Court, and is subsequently arrested for breach of a bail condition, the jurisdiction to deal with the accusedmust be exercised by a magistrate
        
        Thus, the magistrate must deal with the matter; there is no power to commit the accused to the Crown Court to be dealt with
        
        It follows from this that, even after the accused has been sent to the Crown Court for trial, an alleged breach of a bail condition must be dealt with by a magistrate (since that is what is required
        
        If the magistrate finds that there has been no breach of a bail condition, the accused will remain on bail as before. If the magistrate finds that there has been a breach of bail, bail may be allowed to continue as before, or more stringent conditions may be imposed
        
        If the magistrate finds that the accused has indeed breached a bail condition, and decides that the withholding of bail (as opposed to granting bail but on more onerous conditions) would be appropriate, the magistrate should revoke bail and remand the accused in custody until the date fixed for the trial or further order of the Crown Court
        
        It is then open to the Crown Court to grant bail should the accused then apply for bail to the Crown Court
- - - - Where the court remands the accused, the time fixed for the resumption of the proceedings shall be that at which he is required to appear or be brought before the court in pursuance of the remand or would be required to be brought before the court
- - - - An offence is punishable either on summary conviction or as if it were a criminal contempt of court
      - Where it appears that an accused has committed an offence under the BA 1976, proceedings should be initiated either by the court of its own motion or on application by the prosecutor
      - The charge should be put to the accused, who should be asked to enter a plea
      - The burden of proof is on the accused to prove he or she had reasonable cause for failure to surrender to custody