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?

It indicates that the case was adjourned after a fully-argued bail application. Signup and view all the answers

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

A full bail application should be conducted addressing all arguments. Signup and view all the answers

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

They can repeat arguments previously heard at each subsequent bail hearing. Signup and view all the answers

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

By addressing changes in circumstances that influence detention decisions. Signup and view all the answers

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

To correct alleged mis-statements of fact made by the defence. Signup and view all the answers

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

The nature and seriousness of the offence Signup and view all the answers

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

Friendships with individuals who have criminal records Signup and view all the answers

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

It makes the accused less likely to abscond Signup and view all the answers

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

It affects the accused's perception of their chances at trial Signup and view all the answers

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

It indicates the propensity of the accused to abscond Signup and view all the answers

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

It may indicate a higher likelihood of absconding 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?

The possibility of physical or mental injury to others Signup and view all the answers

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

A history of previous convictions Signup and view all the answers

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

The accused should be kept in custody for his own welfare. Signup and view all the answers

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

The accused is already serving a custodial sentence. Signup and view all the answers

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

Remand the accused in custody for further information gathering. Signup and view all the answers

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

If the accused has previously failed to surrender to custody. Signup and view all the answers

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

Substantial grounds exist to believe they would commit another offence while on bail. Signup and view all the answers

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

Bail may be refused if the accused has previously been released on bail in connection with these proceedings. Signup and view all the answers

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

If the offence falls under the BA 1976, sch. 1, part I, para. 1(2). 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?

Bail can be denied based on substantial grounds of potential harm. Signup and view all the answers

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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This quiz covers key concepts related to bail and adjournments in the criminal law context. It explores the presumption in favor of bail, statutory grounds for denial, procedures for appeals, and the role of magistrates' courts in adjournments. Test your understanding of these crucial legal principles!