The bail clock starts the day after arrest (as with Custody Time Limits the first day is discounted). Surrender has to be accomplished personally by the defendant. variation of a curfew to accommodate work commitments). In determining whether releasing the person on bail is necessary and proportionate in all the circumstances, the custody officer must have regard in particular to the factors set out in s.50A(2) PACE. If late on the date for trial, whether any witnesses have been inconvenienced; Has any reason offered by the defendant for his late appearance; and. The court takes further alleged offending whilst on bail very seriously. reasonable grounds. While the decision to grant bail is ultimately for the court, prosecutors should be prepared to object to technical bail where satisfied that one or more grounds for withholding bail has been made out. This does not apply to attempted murder or conspiracy to murder. (ii) that the accused makes himself available for the purpose of . 47ZF ZJ of PACE contain the relevant provisions. The right of appeal to the High Court under this section does not enable a prosecutor to appeal a decision by the Crown Court to uphold the decision of Magistrates to grant bail - section 1(1C) Bail (Amendment) Act 1993. Where a Prosecutor has applied for a defendant to be remanded in custody and the offence in relation to which the remand was sought was an imprisonable one, the prosecutor has a right of appeal to the High Court, under section 1(1B) Bail (Amendment) Act 1993. Annoying the Judge = Unhappy You. The courts can only do this if they have evidence from a doctor that: you may be suffering from a mental disorder, and. These exceptions are contained in s.47ZL PACE. If the CPS has already received a file from the Police, the prosecutor should ask the Police to give their view of the application. The transfer will be affected by a warrant directing the defendant's transfer to hospital. Before the court can authorise an extension, it must be satisfied that Conditions B to D in s.47ZC PACE are met (s.47ZF(3) PACE). Circumstances where a court may find a medical certificate to be unsatisfactory include: It therefore follows that as a minimum standard a medical certificate should set out: Medical practitioners should be aware that when issuing a certificate to a defendant in criminal proceedings they make themselves liable to being summonsed to court to give evidence about the content of the certificate, and may be asked to justify their statements. Murder Cases - section 115(1) Coroners and Justice Act 2009. Release for a charging decision to be made by the CPS (under s.37(7)(a) PACE) or a further release following an arrest for a breach of bail by a person who has been bailed for a CPS charging decision (under s.37C(2)(b) PACE) is dealt with differently. Your bail conditions are on the piece of paper you signed. Where bail is granted by the police and the defendant fails to surrender, the police may charge them as long as the charge is laid within six months of them failing to surrender, or three months of them surrendering to custody, being arrested or being brought before the court for the offence for which he is bailed, whichever is sooner sections 6(11) - (14) Bail Act 1976. Under section 5 Bail Act 1976, the court or officer refusing bail or imposing conditions must give reasons for their decision. The following factors have been identified as indicators of exceptional complexity. These include: In any case in which pre-charge bail is being considered under these provisions the investigating officer must seek the views of the alleged victim if it is reasonably practicable to do so. Therefore the court remand warrant must be faxed or emailed to MHCS as soon as it is issued, and MHCS will send back the section 48 warrant. Bail Conditions or 'Terms of Release' are restrictions placed on a person's behaviour when they are allowed to leave police custody or jail and go back into the community. Where the defendant is arrested for a new offence and for breach of one or more bail conditions, the police must give consideration as to whether the breach of bail as well as the new offence should be placed before the court within 24 hours of the arrest. What happens if I don't attend court? The bail conditions should be reasonable and no more onerous than necessary. The penalty for breaching restraining orders can include a sentence of imprisonment, especially if the person has breached restraining orders before. Section 6, Bail Act 1976. Certain bail conditions can be challenged in court such as if they violate your human rights under Articles 10 and 11. My son has been refused high court bail. If you breach any of the conditions of your bail, the police can arrest you. Pre-charge bail can only be used where necessary and proportionate. Purpose of bail conditions. An arrested person must be charged or released within 24 hours of his arrest or arrival at the police station (section 41 PACE). If you breach any of these conditions, you may be arrested and brought before the magistrates court. Some investigators will have the powers available to police constables to make these applications, but others may need to rely on police assistance. This applies where a person arrested on suspicion of committing a relevant terrorism offence, is released on pre-charge bail and subsequently breaches conditions of that bail aimed at preventing them from leaving, or attempting to leave, the UK. Understand your bail conditions 3. Alternatively the court may exercise its discretion to disregard a certificate, which it finds unsatisfactory - R v Ealing Magistrates Court Ex p. Burgess (2001) 165 J.P. 82. Make sure your bail conditions work with other court orders 4. The following factors have been identified as indicators of exceptional complexity. A full note of the Courts decision and the grounds for the decision; Where appropriate, the oral notice and the time it was given in relation to an appeal under the. See below, "What factors will the police consider in deciding whether to grant bail?". Reporting to a police station: This must be necessary to avert the risk it is designed to meet. If proceedings are sent to the Crown Court, then, the defendant can be committed for sentence to the Crown Court, but only if convicted in the magistrates' court - section 6(6) Bail Act 1976. Section 47ZE(5)(b) PACE does not specify what form this consultation should take. This provision deals with applications that have been made to the court before the end of a bail period but are made so late that the court is unable to determine the application before the end of the bail period. The provisions on factors to consider, authorisation and procedure relating to an appeal from the Crown Court match those on appeal from the magistrates' court, save that prosecutors should note that: The High Court no longer has jurisdiction to entertain an application in relation to bail. Under the Bail Act 1977, bail conditions can only be imposed to reduce the likelihood that an accused person may: fail to answer bail by attending court; commit an offence while on bail; endanger the safety or welfare of members of the . The following points are of particular relevance to prosecutors but they should be read with the guidance in Annexes 8 and 9. In objecting to bail, prosecutors should point out to the court that: In a case where he is satisfied that there are no grounds for opposing bail, a prosecutor can still invite the court to impose conditions to take effect, should the defendant be released from custody. Whether or not the defendant has failed to surrender to court bail will depend on the arrangements in the particular court to which the defendant is to surrender. In these circumstances, the court must determine the application as soon as possible with the safeguard that the period is treated as extended until the court makes a decision and any bail conditions will remain in place until then. A "relevant condition, a Superintendent has already granted an extension up to nine months under s.47ZDA PACE as above; and, the Director of Public Prosecutions has designated the case as being exceptionally complex. Some examples of conditions are: having a curfew. If you breach a condition of bail and the surety knows, but does not inform the police, or if the surety fails to supervise the accused in terms of court attendances and maintaining the bail conditions, the crown may make application to the . Bail should be reconsidered in the light of the failing to surrender, A separate penalty should be considered for the failing to surrender. Under s.50B PACE the College of Policing can issue guidance to assist officers in making decisions about pre-charge bail. Release on bail by the police for a charging decision by the CPS under s.37(7)(a) PACE (or a further release following an arrest for breach of bail by a person who has been bailed for a CPS charging decision under s.37C(2)(b)) is not subject to the time limits and restrictions introduced by the Policing and Crime Act 2017. In practice, s.47ZJ(4) PACE and CrimPR 14.18 taken together will mean that applications to the court should be made at least 5 business days before the expiry of the bail period. Requests for further evidence are defined as a "DPP request" in s.47ZL(12) PACE: a request by the Director of Public Prosecutions for the further information specified in the request to be provided before the DPP decides under s.37B(2) whether there is sufficient evidence to charge the person with the relevant offence. "Consultation" with the local authority is defined as such consultation (if any) as is reasonably practicable in all the circumstances of the case (section 93(9) LASPO 2012). Prosecutors are instructed not to consent to technical bail at magistrates' court or Crown Court hearings. If so, the prosecutor must ensure that the information in support of the application accords with the requirements of section 43(14) PACE in that it contains: The reasons for believing that the suspect's continued detention is necessary for the purpose of such further enquiries. An accused, released on bail, must adhere to the conditions set forth in the bond. Bail conditions can include any of the following: Residence (living at a certain address. At the same time the Prison or Remand Centre sends a request for a report in the form of a standard letter and questionnaire direct to the Police Station dealing with the defendant's case. PACE sets out certain restrictions and time limits on most pre-charge bail (with or without conditions). Oral notice must be given to the court at the conclusion of the bail hearing and before the defendant is released -, Prosecutors should request from the magistrates' court a "notice of a decision about bail" under, Written Notice of Appeal must be served on the Clerk to the Magistrates Court and the person concerned within two hours of the conclusion of the proceedings in which oral Notice of Appeal was given. The court determines the length of any pre-charge bail extension. The police are unlikely to grant bail if you have been charged with a serious offence, if you have nowhere to live ("no residential address"), or if you have been arrested for not obeying your bail conditions ("breach of bail"). Has the defendant arrived at court at a time after a warrant for his arrest has been issued? Therefore you can be convicted and sentenced for failing to . It is an offence to breach any conditions of your bail. The police will be expected to provide evidence to support their assertion that the defendant has concealed drugs in his body and this will usually be in the form of an X-ray or other medical opinion, or observations of his conduct both before and after arrest. This may well involve the giving of "hearsay evidence". Find out: See the legal guidance on Youth Offenders and Concordat on children in custody - statutory guidance. Investigators will need to be aware that if a qualifying prosecutor designates the case as exceptionally complex it will be considered by ACCs/Commanders for a bail extension. The legislation recognises that there will be occasions when the CPS requires more evidence from the police and provides that such requests will start the bail clock running. Conditions that are unsuitable may give rise to a continuing risk of further offending, of absconding, or of harm to the victim(s) or public and prosecutors should be prepared to challenge their imposition or seek further evidence from the police before acceding to them, should they have any concerns. Bail Conditions in Canada: R. v. Zora Explained. The role of the 'qualifying prosecutor' is to decide whether the case is exceptionally complex, not to decide whether bail should be extended from three to six months. Guidance for those cases is included in Annexes 8 and 9. If an application to adjourn is made, the court will need to consider all of the circumstances including likely length of proceedings and the penalty that might be imposed for failing to surrender. Where a defendant has been bailed by the court and fails to surrender, the court may try them for that offence at any point after he has been brought before the court for that offence, irrespective of the length of time since he failed to surrender - section 6(10) Bail Act 1976. This applies where a person arrested on suspicion of committing a relevant terrorism offence, is released on pre-charge bail and subsequently breaches conditions of that bail aimed at preventing them from leaving, or attempting to leave, the UK.
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