Lecture notes
Bail Notes
Bail Notes - BPTC, Criminal Litigation In conjunction with BPP Criminal Litigation Manual and Blackstone's Criminal Practice 2021.
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Bail Notes1. If D presented to court and the court cannot conclude the case in one hearing, the case
will have to be adjourned.
2. D sent away and told to come back another day→ ‘remand’ (either served in custody or
in the community on bail).
3. If P want D remanded in custody, they must apply by presenting objections to bail. These
are broader for more serious offences but more qualified for trivial offences (Because if D
is kept in custody, D may be in custody for longer whilst awaiting trial than he would be
for custody for part of the sentence)
4. Once a P objection has been raised, defence apply for bail.
5. First decision in relation to bail made in MC where all cases commence- except bail for
murder has to be by CC judge.
a. Adjournments and remands
Case Management:
• Unnecessary hearings should be avoided by dealing with as many aspects of the case as
possible at the same time i.e. plea should be taken at first hearing, if this does not happen
(or if offence is triable only on indictment) the court must find out what the plea is likely
to be. If a plea is not taken, the obligation to take it applies to the next hearing. Case has
said the obligation to take a plea does not depend on the extent of advance information,
service of evidence, disclosure of unused material or grant of legal aid→ discourages
applications for adjournments by defence.
• Adjournment is last resort- trials should not be adjourned unless there is a good and
compelling reason to do so. Need to try get matters right first time- a suggestion of a
culture permitting opportunity to correct failures of preparation should be dispelled.
• Case where justices’ legal adviser granted P application for adjournment did not have
sufficient info to enable him to make a properly informed decision - should have
permitted the parties to make their submissions at an oral hearing, or submit further
written representations on the basis he would then make a decision on the papers and
without a hearing.
Statutory Provisions on Power to Adjourn (s10(1) and s18(4) MCA 1980)
s.10→ applies to appearances for summary offences up until conviction and appearances
for either-way offences from after mode of trial has been determined in favour of a
summary trial to conviction:
MC may at any time, whether before or after beginning to try an information, adjourn the
trial and may do so, when composed of a single justice. When adjourning, they may fix the
time and place when the trial is to be resumed or unless it remands the accused, leave the
time and place to be determined later by the court.
The court may remand the accused and where the accused has attained 18, shall do so if the
offence is triable either way and:
(a) on the occasion on which the accused first appeared or was brought before the court to
answer to the information, he was in custody or, having been released on bail,
surrendered to the custody of the court; or
,(b) the accused has been remanded at any time in the course of proceedings on the
information;
and, where the court remands the accused, the time fixed for the resumption of the trial 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 but for s.128(3A).
s.18 → governs adjournments until mode of trial has been determined:
s.19 to 23 have effect where a person who has attained the age of 18 appears or is brought
before a MC on an information charging him with an offence triable either way and—
(a) he indicates under s.17A that (if the offence were to proceed to trial) he would plead
NG, or
(b) his representative indicates under s.17B that (if the offence were to proceed to trial) he
would plead NG.
A MC proceeding under s.19 to 23 may adjourn the proceedings at any time, and on doing so
on any occasion when the accused is present may remand the accused, and shall remand him
if—
(a) on the occasion on which he first appeared, or was brought, before the court to answer
to the information he was in custody or, having been released on bail, surrendered to
the custody of the court; or
(b) he has been remanded at any time in the course of proceedings on the information;
and 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 but for
s.128(3A).
Remanding the Accused on Adjournments
‘Remanding’ = in custody (committing him to custody to be brought before the court at the
end of the period of remand or at such earlier time as the court may require) or on bail
(directing him to appear before the court at the end of the remand period or, if bail is made
continuous, at every time to which the proceedings may be adjourned)
On adjourning proceedings for an either-way offence, the court must remand the accused
unless (s.10(4) and s.18(4)):
(a) he first appeared in answer to a summons or requisition (as opposed to being brought
before the court in custody or appearing in answer to police bail)
(b) he has not been remanded at an earlier hearing.
SO, mags may, at their discretion, adjourn without remanding the accused:
(a) At all appearances for summary offences up to conviction; and
(b) At appearances for either-way offences up to either a determination for trial on
indictment or summary conviction, provided the accused initially appeared in answer to
a summons or requisition and has not subsequently been remanded.
Where a case is simply adjourned, there is no need to fix the date for the next hearing at the
time of adjourning, whereas if there is a remand the adjournment date must be fixed
forthwith and is the date to which the accused is remanded.
, An accused who is not remanded and who then fails to appear on the date to which his case
is adjourned commits no offence, but it may be possible either for a warrant to be issued for
his arrest or for the proceedings to be conducted in his absence.
An accused who has been remanded on bail commits an offence under s6 BA 1976 if he fails
without reasonable cause to answer to his bail.
b. Custody time limits
Period of remand in custody
MAX PERIOD MC MAY REMAND AN ACCUSED IN CUSTODY → 8 clear days (s128(6) MCA).
EXCEPTIONS:
a. Following summary conviction: may a remand in custody for up to 3 weeks (4 weeks if the
remand is not in custody) for inquiries, such as a pre-sentence report, to be made into the
most suitable method of dealing with the accused (s10(3) MCA).
b. Following the court being satisfied that the accused 'did the act or made the omission
charged': may be a remand in custody of up to 3 weeks (4 weeks if on bail) for a medical
examination/reports if the court considers that an inquiry should be made into his
physical or mental condition before deciding how to deal with him (s11(1)(2) PCC(S)A)
c. Where mode of trial determined in favour of summary trial but the court is not
constituted so as to proceed immediately to trial: may be a remand in custody to a date
on which the court will be properly constituted even if the remand is for a period
exceeding 8 clear days (s128(6)(c) MCA)
d. Where s128A MCA applies (remands for longer than 8 days): a second or subsequent
remand in custody may be for up to 28 clear days; and if the accused is already being
detained under a custodial sentence he may be remanded in custody for up to 28 clear
days or his anticipated release date whichever is the shorter (s131 MCA)
e. If accused remanded on bail and him and P agree to longer period of remand: may be
remanded for a period greater than 8 clear days (s.128(6)(a)).
Further Remands → Where a person is brought before the court after an earlier remand, the
court may remand him again (s128(3) MCA)- may be several remand hearings before the case
is sent to the CC or the commencement of summary trial. The limitation on the no. of remands
is the general discretion of mags to refuse an adjournment if it would be against the IOJ (e.g.
they consider the party requesting the adjournment should have been ready to proceed). A
court remanding an accused in custody may order that, for subsequent remands, he be
brought up before a different MC nearer to the prison where he is to be confined while on
remand (alternate court enjoys the same powers for remand that the original court would
otherwise have) (s. 130).
First Second appearance- Onward remand- must be Trial- must be within 56
appearance – must be within 8 days formally remanded into days of first appearance
D remanded of first appearance. D custody every 28 days until unless the prosecution
in custody. can make another bail their trial. This can be in successfully apply to
application. their absence. extend the custody time
limit.
Custody Time Limits
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