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Summary Criminal Law LPC Revision(Bail)
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Criminal Law Bail revision sheet for the LPC Legal Practice Course undertaken at the University of Law
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UNIT 3: Bail1. Advise a client on the court’s powers when dealing with a defendant who is alleged to have
breached his bail conditions and who has failed to surrender to custody. (Prep task 1)
2. Identify when the prosecution may appeal against a grant of bail (Q2 WS) and advise a
client on the consequences of any such appeal. (Q2 WS)
3. Advise a client on their options following a refusal of bail at the magistrates’ court(ET2),
complete the relevant appeal notice to the Crown Court (ET2), and make an application for
or opposing bail in the Crown Court before a judge in chambers.
Types A suspect can be remanded:
In custody
On conditional bail
On unconditional bail
What is An adjournment by the court attempts to ensure the defendant will attend the next hearing.
remand?
Can be done one of three ways:
a) Remand in custody
b) Remand on bail with conditions attached to that bail
c) Remand on unconditional bail
Remands Basic Rule
prior to Cannot be remanded for more than 8 at a time
conviction Where there are successive demands the defendant has to be brought before the court
every 4th remand
The court can remand in custody for up to 28 days if:
o Previously on remand for the same offence
o He is before the court
o It can set a date to remand him after which he expects the next stage of the
proceedings to take place
The defendant will be kept in a prison or a remand centre.
S128(7) Magistrates’ Court Act 1980 – may be kept in a police station for up to 3 days if it is
necessary to make enquires in regard to an offence which is not the offence he is charged with.
Remand Can be remanded in custody for successive periods of not more than 4 weeks
after the Can be remanded in custody or bail until the case comes before the court
case has
been sent to
Crown Court
Remand on Defendant on bail may be remanded prior to conviction for any period of time subject to
bail his consent
Remand Defendant may be remanded in custody for successive periods of not more than 3 weeks
after Defendant may not be remanded on bail for successive periods of not more than 4 weeks
conviction
1
, Right to Bail
Magistrates must consider whether to remand defendant in custody/on bail
when case is adjourned
Presumption S4 Bail Act 1976
of bail Bail is presumed for:
A) All defendant’s prior to conviction
B) Defendants who have been convicted if the case is adjourned to obtain reports for
sentencing
C) Defendants who are appearing before the court for a breach of community sentence
No The presumption does not apply where:
presumption
of bail a) Defendant has been committed to the Crown Court for sentencing
b) Defendant is appealing against a conviction or sentence
S25 CJPOA 1994
Bail will only be granted in exceptional circumstances where the defendant has been charged with
or previously convicted of:
a) Murder
b) Attempted murder
c) Manslaughter
d) Rape
e) Attempted rape
f) Other serious sexual offences
Murder S115 Coroners and Justice Act 2009 – where a defendant has been charged with murder and applies
for bail the decision must be made by a crown court judge within 48 hours
Exceptions to the right of bail
Schedule 1 Para 2 – There are substantial grounds for believing that if the defendant was released on bail he would: (MOST
Bail Act 1976 COMMON REASONS FOR OBJECTING BAIL)
SEE WORKSHOP TASK 2 FOR ARGUMENTS FOR BOTH CPS AND DEFFENCE REGARDING THE BELOW:
Grounds for objecting bail under Schedule 1 Bail Act 1976
a) Substantial grounds to believe …. Would fail to surrender to custody ; or
b) Substantial grounds to believe …. Will Commit an offence on bail ; or
c) Interfere with witnesses or obstruct the course of justice
The only exceptions require a ‘real prospect’ of custodial sentence. (BA Sch 1).
Para 2A – the offence is indictable or an either way offence and the court believes that he was on bail
in criminal proceedings on the date of the offence – unless the court is satisfied that there is no
significant risk of the commission of an offence
Para 3 – He should be kept in custody for his own protection or welfare (applies to children or young
people)
Para 4 – In custody in pursuance of sentence
Para 5 – It has not been practicable to obtain sufficient information
Para 6 – The defendant has been arrested for failure to surrender
Para 7 – It would be impracticable to complete a report or enquiries without keeping the defendant in
custody
2
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