Unit 4 - Bail and Adjournments in Criminal Law

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Questions and Answers

What is the maximum time frame for the next hearing if an accused does not consent to being remanded while absent?

  • 28 clear days
  • 14 clear days
  • 10 business days
  • 8 clear days (correct)

What guidance does the Law Commission Paper provide regarding the passage of time and its effect on bail decisions?

  • Arguments based on the passage of time must be presented at every hearing.
  • Regular intervals of 28 days should be used to consider changes in circumstances. (correct)
  • Bail decisions cannot be revisited without new evidence.
  • It should be ignored unless significant events occur.

In relation to bail applications, when is a court not required to hear arguments that have already been presented?

  • After the first hearing only if it is a repeat application.
  • Only when new evidence is introduced.
  • At any hearing where the accused has been remanded more than twice.
  • At subsequent hearings after the second argued application has failed. (correct)

What is the significance of a Certificate of Full Argument in relation to bail proceedings?

<p>It indicates that the case was adjourned after a fully-argued bail application. (C)</p> Signup and view all the answers

What should happen if the court finds a change of circumstances relevant to the bail hearing?

<p>A full bail application should be conducted addressing all arguments. (D)</p> Signup and view all the answers

What condition applies to an accused who has been consistently remanded while appealing bail decisions?

<p>They can repeat arguments previously heard at each subsequent bail hearing. (B)</p> Signup and view all the answers

How are the provisions of the Law Commission Paper aimed at ensuring compatibility with the ECHR?

<p>By addressing changes in circumstances that influence detention decisions. (C)</p> Signup and view all the answers

What is the primary purpose of allowing the prosecutor a reply to the defence submissions?

<p>To correct alleged mis-statements of fact made by the defence. (A)</p> Signup and view all the answers

Which factor is primarily evaluated to determine the likelihood of the accused absconding?

<p>The nature and seriousness of the offence (C)</p> Signup and view all the answers

What does the term 'associations' in the context of bail considerations refer to?

<p>Friendships with individuals who have criminal records (A)</p> Signup and view all the answers

How does a previous good character of the accused affect their bail consideration?

<p>It makes the accused less likely to abscond (C)</p> Signup and view all the answers

Why is the strength of the prosecution evidence a factor in bail decisions?

<p>It affects the accused's perception of their chances at trial (C)</p> Signup and view all the answers

What role does the bail record play in decision-making for bail proposals?

<p>It indicates the propensity of the accused to abscond (C)</p> Signup and view all the answers

What does a lack of fixed abode imply in terms of community ties during bail decisions?

<p>It may indicate a higher likelihood of absconding (C)</p> Signup and view all the answers

Which of the following is a concern if there are substantial grounds to believe the accused may commit further offences while on bail?

<p>The possibility of physical or mental injury to others (B)</p> Signup and view all the answers

During bail consideration, which of the following would likely lower the chances of being granted bail?

<p>A history of previous convictions (C)</p> Signup and view all the answers

Under what circumstance may bail be refused for a child or young person?

<p>The accused should be kept in custody for his own welfare. (D)</p> Signup and view all the answers

In which scenario can bail not be granted under the BA 1976, para. 4?

<p>The accused is already serving a custodial sentence. (B)</p> Signup and view all the answers

What may a court do if it lacks sufficient information regarding bail proceedings due to time constraints?

<p>Remand the accused in custody for further information gathering. (A)</p> Signup and view all the answers

Under what condition related to previous bail can a court deny bail for a summary offence?

<p>If the accused has previously failed to surrender to custody. (A)</p> Signup and view all the answers

Which factor regarding the potential behavior of the accused can lead to the refusal of bail?

<p>Substantial grounds exist to believe they would commit another offence while on bail. (D)</p> Signup and view all the answers

What is the implication of being arrested under the BA 1976, s. 7 for bail decisions?

<p>Bail may be refused if the accused has previously been released on bail in connection with these proceedings. (C)</p> Signup and view all the answers

What determines whether the presumption in favor of bail applies for summary offences punishable by imprisonment?

<p>If the offence falls under the BA 1976, sch. 1, part I, para. 1(2). (A)</p> Signup and view all the answers

What may happen if the court believes the accused will cause injury to an associated person while on bail?

<p>Bail can be denied based on substantial grounds of potential harm. (A)</p> Signup and view all the answers

Flashcards

Seriousness of offence

A serious crime could lead to a harsh sentence, making the accused more likely to flee.

Character & Antecedents

Previous convictions impact sentencing and trustworthiness. Good character suggests reliability.

Associations & Community Ties

Criminal associations and ease of disappearing (e.g., no fixed abode) affect flight risk.

Bail Record

Past history of answering bail will influence future decisions on bail conditions.

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Strength of evidence

A higher chance of acquittal reduces the likelihood of absconding.

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Risk of harm

If substantial evidence indicates harm to others, bail is less likely.

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Bail Decision Factors

Courts weigh factors like severity, character, associations, evidence, and risk.

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Probable method of dealing with the offender

The expected punishment or consequence for the crime in question; and how likely or not these are to cause or trigger flight.

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Repeated bail applications

An accused in custody can make a fully argued bail application at the next hearing, even if repeating arguments from previous hearings.

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Time limit for next hearing

Unless the accused consents to remaining in custody without a hearing, the next bail hearing must take place within eight clear days.

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Subsequent bail hearings

The court isn't required to rehear arguments already presented regarding fact or law in a full bail hearing.

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Change of circumstances in bail

Courts are to consider if a significant change of circumstances has occurred since the last bail hearing (e.g., passage of time).

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Regular bail review interval

Courts should review bail applications at least every 28 days to evaluate whether conditions have changed.

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Certificates of full argument

Formal documents used when a court adjourns a case and remands an accused for a fully-argued bail application.

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Prosecutor's right to reply

Prosecutors have the right to respond to defendents' submissions if they contain misstatements of facts.

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Adjournment and remand

Cases can be adjourned and the accused remanded in custody after a fully argued bail application is heard by a magistrates' court.

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Bail Refusal (Child/Young Person)

If a child or young person is accused of a crime, bail can be denied if it is deemed necessary for their welfare.

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Bail Denial (Already Incarcerated)

If an accused is already serving a sentence, bail is not required, regardless of the reason for incarceration.

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Insufficient Time (Bail)

Bail may be denied if there hasn't been enough time to gather necessary information for the decision.

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Absconded Before (Bail)

If the accused was previously released on bail for the current case and then ran, bail can be denied.

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Bail Denial (Summary/Non-Imprisonable Offences)

If an accused has previously been given bail and failed to attend court, bail can be denied in certain summary offenses.

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Bail Denial (Imminent Offense on Bail)

Bail can be denied if there's strong evidence that the accused is likely to commit a crime while on bail.

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Bail Denial (Domestic Violence on Bail)

Court can deny bail if there's good reason to think the accused would hurt someone.

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Bail Denial (Imprisonable Summary Offences)

Bail may be denied in specific imprisonment cases following a failure to attend previous court dates or for credible concerns that the accused might re-offend.

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Study Notes

Bail and Remands

  • Adjournments and remands on bail and in custody are subject to time limits.
  • There's a presumption in favor of bail, which doesn't apply in certain situations.
  • Statutory grounds exist for denying bail, and the court considers various factors.
  • Bail conditions can be imposed under specific circumstances.
  • Procedures exist for bail applications and appeals to the Crown Court.
  • Defendants who fail to meet bail conditions or breach them can be dealt with according to the law.

Power to Adjourn

  • Magistrates' courts can adjourn proceedings at any point before the case is sent to the Crown Court for trial.
  • Adjournments can occur before or during a summary trial.
  • Decisions on adjournments can be challenged by way of judicial review.
  • The High Court is reluctant to interfere with adjournment decisions unless compelling reasons exist.

Challenging Decisions on Adjournments

  • It's possible to challenge adjournment decisions through judicial review.
  • Magistrates' courts must make prompt decisions on adjournments.
  • The High Court's interference in adjournment decisions is limited to compelling reasons.
  • Cases like R (CPS) v Uxbridge Magistrates and DPP v Petrie provide context for judicial review of adjournment decisions.

Custody Time Limits

  • The maximum period of remand in custody is eight clear days.
  • Exceptions exist, allowing for further remands or remands on bail.
  • The Prosecution of Offences Act 1985 outlines the maximum custody periods.
  • Rules concerning time limits, periods applicable, effects of time limits expiry, and extension procedures are considered.

Periods of Remand in Custody

  • The maximum remand period for magistrates' courts in custody is eight days.
  • Further remands can be granted, with limitations on the number.
  • Adjournments of trials must be considered in the interest of justice.

Bail Considerations

  • Bail is often granted, but not for homicide, rape or previous similar convictions.
  • Factors include seriousness of offense and method of dealing with offender, character and community connections.
  • Bail records show previous successes or failures answering bail.

Procedure for Bail Applications

  • Applications are regarded as preliminary hearings.
  • Parties (and sureties) must appear or have opportunity to participate.
  • The procedure for bail applications is outlined in the Criminal Procedure Rules (CrimPR).
  • Bail conditions are subject to applications to vary.

Breach of Bail Conditions

  • Breaches of bail conditions can result in arrest without warrant.
  • Courts have powers to deal with accused failing to comply with bail conditions or breaching them.

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