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Summary Bar Course - Criminal Litigation & Sentencing Revision - Bail & Remands
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First Class (Outstanding) Bar Course Revision Notes - Bail & Remands Summary Notes for Criminal Litigation & Sentencing
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BAIL REVISIONMax period for remand in custody ON ADJOURNMENT is 8 clear days. Following are exceptions to this rule:
- Following summary conviction, accused can be remanded in custody for up to 3 weeks (4 weeks if remand is
on bail) so that e.g., pre-sentence report can be drafted.
- Exact same for medical reports to be concluded to see D’s mental state.
- Where mode of trial elected as summary, but bench ø properly constituted (i.e. currently only one justice),
there may be remand in custody to a date where court will be properly constituted , even if exceeds 8 clear
days.
- If this is a second or further remand, it can be for up to 28 days.
- If accused is already being detained under custodial sentence, can be remanded for up to 28 days.
Note if the D is remanded on bail, they can be remanded for a period greater than 8 clear days (if both P and D agree).
M can refuse an adjournment (which would raise the question of remand again) if it would be against in the interests
of justice.
Current custody time limits (NOT ON ADJOURNMENT)
- Between first appearance and committal for sentence – for an accused charged with indictable offence, can
be held in M’s custody between first appearance and committal for 70 days.
- Between first appearance and summary trial – if offence is triable either way, and summary is chosen, max
period between first appearance in court and beginning to hear evidence is 70 days, unless decision for
summary trial is taken within 56 days, in which case the max is 56 days.
- In case of summary offence, the max is 56 days.
- Between committal and trial on indictment – i.e. max period an accused committed to trial in the CC can be
held before start of the trial is 112 days. This 112 days applies individually for each offence if there are
multiple.
- Section 51 sending – if accused sent under s.51 of CDA, the maximum period is 182 days between the date on
which the accused is sent to the CC and the start of the trial.
- Retrial directed by Court of Appeal – 112 days between sending and hearing.
If time limit runs out, the courts have no choice but to remand the accused on bail after end of expiry date. Both the CC
(if committed to them) and the M (if not) may extend these time limits before their expiry if:
1. The P has acted will all due diligence and expedition; and
2. There is ‘good and sufficient’ cause for doing so.
Already extended limits may be re-extended.
The request for this extension should be made at the time a trial date was originally fixed, rather than after the
decision as to listing has already been made.
BAIL
As to bail by the CC, it can be granted in these circumstances:
- Where accused has been sent by M in custody for trial in the CC
- Someone who is appealing to the CC against/conviction or sentence in the M
- Whenever the CC adjourns or adjourns between conviction and sentence
- Where D has applied for judicial review of CC’s decision
- Where CC has granted accused leave for appeal of conviction or sentence to the CA
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