BAIL and REMANDS.docx

BAIL and REMANDS -- 4 Q's *[D5.22 -- What are adjournments? ]* - At any stage before the case is sent to the Crown Court for trial or before (or during) a summary trial, a magistrates' court may adjourn the proceedings. *[D5.27 -- Can you challenge adjournments? ]* - Possible to chal...

BAIL and REMANDS -- 4 Q's *[D5.22 -- What are adjournments? ]* - At any stage before the case is sent to the Crown Court for trial or before (or during) a summary trial, a magistrates' court may adjourn the proceedings. *[D5.27 -- Can you challenge adjournments? ]* - Possible to challenge the grant or refusal of an adjournment by way of judicial review. - Divisional Court will be 'particularly slow' to interfere with a decision to refuse an adjournment, given the discretionary nature of that decision. - Appeal ought to only succeed in error of principle, error of law or where the decision can properly be characterized as plainly wrong. *[D5.29 -- What are the MC's statutory powers to adjourn? ]* The MCA 1980, ss. 10(1) and 18(4) -- ***[S10 --]*** applies to appearances for *[summary offences]* up until conviction, and to appearances for *[either-way offences]* from after mode of trial has been determined in favour of summary trial to conviction. - A single justice may at any time in a MC adjourn the trial. - The court may when adjourning either fix the time and place at which the trial is to be resumed, or, unless it remands the accused, leave the time and place to be determined later by the court. ***[S18 --]***governs adjournments until allocation (mode of trial) has been determined. Sections 19 to 23 below shall have effect where a person who has attained the age of 18 years appears or is brought before a magistrates' court on an information charging him with an offence triable either way and--- - he indicates under section 17A above that (if the offence were to proceed to trial) *[he would plead not guilty]*, or - his representative indicates under section 17B above that (if the offence were to proceed to trial) *[he would plead not guilty.]* Same conditions for both s10 and 18 -- On adjourning the trial, the court may remand the accused, if he is over 18, shall do so if offence is triable either way and -- - 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 - 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 section 128(3A) below *[D5.30 What are the limitations of remanding? ]* - Sections 10(4) and 18(4) provide (in almost identical terms) that, on adjourning proceedings for an either way offence, the court must remand the accused (on bail or in custody) unless the accused: 1. 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); and 2. has not been remanded at an earlier hearing It follows that the magistrates 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. The full history and background will be taken into account by a court... but *[there can never be any guarantee of bail once a defendant is charged]*.' *[D5.30 -- What is remanding on adjournments? ]* - whenever a magistrates' court has power to remand a person, it may either remand in custody or remand on bail. - [a remand in custody] (i.e. committing the accused 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 a remand on bail in accordance with the provisions of the **BA 1976** ]i.e. directing the accused to appear before the court at the end of the period of the remand **or**, if **bail is made continuous**, directing that the accused appear at every time to which the proceedings may be adjourned. - Where there is remand the case 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 the case is adjourned commits no offence. *[D5.31 -- What are the time limits for remands? ]* - The maximum period for which a magistrates' court may remand an accused in custody is 'eight clear days'. *[D5.32 -- Are there any limits on the number of remands? ]* - A person who is brought before the court after an earlier remand may be remanded again. There may be several remand hearings before the case is sent to the Crown Court or the commencement of summary trial. - Only limitation is the general discretion of the magistrates. - Can order an accused in custody to be brought in an MC near the prison. *[D5.36 -- What is a remand on bail? ]* - the accused may be remanded for a period greater than eight clear days if the remand is on bail and both the accused and the prosecution agree to a longer period of remand. *[D15.7 -- are there any custody time limits? ]* - Secretary of State to make regulations fixing: the maximum period available to the prosecution to complete any preliminary (pre-trial) stage of proceedings for an offence; and/or the maximum period for which an accused may be kept in custody while awaiting completion of such a stage. *[D15.8 -- Overall time limit? ]* - regulations may prescribe an overall time-limit within which the prosecution must complete the stage of the proceedings in question. *[No overall time-limits currently apply]*. *[D15.9 -- Time limit for cutody based on the stage of the proceedings, (detailed knowledge not required) -- ]* - Between first appearance and committal (charged with an indictable offence) -- 70 days. - Between first appearance and summary trial. If the offence is triable either way and the court determines to try the case summarily *[70 days]*, unless the decision for summary trial is taken within 56 days (then the limit is 56). - Between committal and trial on indictment -- 112 days - Multiple committals -- single indictment with counts -- 112 days separately to each offence. - S51 sending -- 182 days between being sent to CC and start of trial minus any days in custody of magistrates. - COA directs retrial -- 112 days apply from the preferment of indictment under directions by COA - Voluntary bill -- 112 days apply from the preferment of bill. *[D15.18 -- What happens when the custody time limit expires? ]* - If a custody time-limit expires before completion of the stage of proceedings in question, the accused must be granted bail, in relation to the time limited offence. - When COA is informed that the 112 day\'s time limit from committal is up they must bail the accused and subject them to a duty to attend trial. - R (Jabbar) once a custody time-limit is not extended and expires, the custody time- limit regime ceases to operate and will not apply to any further period of remand. *[D15.33 -- Can the time limit be extended? ]* Any time before expiry of the time limit, the CC (on committal) or MC may extend the time limit -- This can be extended again and again. a. that 'the prosecution has acted with all due diligence and expedition', and b. that there is 'good and sufficient cause for doing so'. The extension of custody time-limits should be addressed at the time that a trial date was fixed outwith the existing limit. *[D7.1- What is Bail?]* - \(a) bail grantable in or in connection with proceedings for an offence to a person who is ***[accused]*** or ***[convicted]*** of the offence, or (b) bail grantable in connection with an offence to a person who is ***[under arrest]*** for the offence or for whose arrest for the offence ***[a warrant (endorsed for bail) is being issued']***. *[D7.2 -- What are the MC's powers to give Bail? ]* - the MC may remand the accused while adjourning proceedings. a remand by a magistrates' court may be in custody or on bail - Magistrates also have "power to grant bail for the period of any remand for reports etc. after summary conviction". - Where a magistrates' court "sends an accused to the Crown Court for trial under the CDA 1998, s. 51, the accused may be kept in custody or released on bail". - "committals for sentence" may be in custody or on bail. - Magistrates' court has summarily convicted an accused and passed a custodial sentence, it may grant bail "pending the determination of an appeal to the Crown Court or to the Divisional Court by way of case stated". A person charged with murder may not be granted bail except by order of a Crown Court judge. *[D7.3 -- What are the CC's powers of Bail? ]* - who has been "sent in custody for trial in the Crown Court"; - who has been "given a custodial sentence following conviction in the magistrates' court" (whether by guilty plea or a finding of guilty after trial) and who is "appealing to the Crown Court against conviction and/or sentence"; - who is in the "custody of the Crown Court pending disposal of the case" (so whenever the Crown Court adjourns a trial or adjourns between conviction and sentence, it has a discretion to grant the accused bail for the period of the adjournment); - whose case has been decided by the Crown Court but who has "applied to the court to state a case for the Divisional Court's opinion or is seeking judicial review of the decision"; - to whom the "Crown Court has granted a certificate that the case is fit for appeal to the Court of Appeal", whether against conviction or against sentence; and - who has been "remanded in custody by a magistrates' court on adjourning a case" under the PCC(S)A 2000, s. 11, the CDA 1998, s. 52(5), or the MCA 1980, ss. 10, 17C, 18 or 24C, provided "the magistrates' court has granted a certificate that, before refusing bail, it heard full argument". *[D7.4 -- What is the CC's Bail jurisdiction in Murder cases? ]* - A Crown Court judge must then make a decision about bail as soon as reasonably practicable and, in any event, - within the period of 48 hours (excluding weekends and public holidays) beginning with the day after the day on which the person appears before the magistrates' court *[D7.6 What is the presumption in favor of bail? ]* - Section 4(1) of the BA 1976, together with sch. 1 -- creates a rebuttable presumption in favor of bail. A person to whom this section applies shall be granted bail except as provided in Schedule 1 to this Act'. - Does not apply to bail from police station, although same duties imposed o custody officer to grant bail where (necessary and proportionate). *[Who benefits from this presumption?]* - Who appears before the Crown Court or a magistrates' court in the course of or in connection with proceedings for an offence, or applies to a court for bail or variation of bail. (think Atkin had presumption in his favor, because the appeal was not decided) - who has been convicted of an offence and whose case is adjourned for reports before sentencing. - Who has been brought before the court under the CJA 2003, sch. 8, for alleged breach of a requirement of a community order. s\. 4(1) does not apply once a person has been convicted of an offence, apart from the reports exception. *[Who do not benefit from these presumptions? ]* - An appellant seeking bail pending determination of an appeal against conviction and/or sentence cannot rely on the presumption in favour of bail. - Neither can an offender who is committed to the Crown Court for sentence following conviction in a magistrates' court. - Bail's grant or refusal is entirely upto the court. *[D7.7 -- What of a person pleads guilty? ]* - When a person who had been on bail pleads guilty at the plea before venue, the usual practice should be to continue bail, even if it is anticipated that a custodial sentence will be imposed by the Crown Court, unless there are good reasons for remanding the accused in custody. - If on custody and reasons remain unchanged, then unusual to change it. *[What are the exceptions to presumption in favor of bail? ]* *[D7.8 -- No Bail for Homicide or Rape if previous Convictions -- ]* - The court may not grant bail to an accused who is charged with (or has been convicted of) murder, attempted murder, manslaughter, rape or attempted rape. - if the accused has been convicted of any of these offences (or culpable homicide) in the past. UNLESS it is of the opinion that there are exceptional circumstances which justify it. *[D7.11 -- Murder -- ]* - An accused who is charged with murder may not be granted bail unless the court is of the opinion that "there is no significant risk that the accused will, if released on bail, commit an offence that would, or would be likely to, cause physical or mental injury to any other person". *[D7.12 -- 7.14 When can Bail be refused to accused charged with an indictable offence? ]* Para 1 of Sch 1 -- if the accused is charged with atleast one offence that is triable on indictment. - An unconvicted accused charged with an offence which is imprisonable and triable on indictment need not be granted bail if one or more of the grounds for a remand in custody (listed in the BA 1976, sch. 1, part I, paras. 2 to 6A) is applicable. - As regards offenders convicted but remanded for reports, there is a further ground (para. 7) on which reliance may also be placed. A diagram of a flowchart Description automatically generated *[What is the Standard of Proof for answering the Big three?]* - Court does not have to be satisfied with all the consequences above will in fact occur, or even that they are more likely to occur. Court need only have substantial grounds for believing that they would occur. - Cannot be answered with usual rules of evidence. Low bar. - No requirement for formal witnesses, police can recount anything told by witnesses (second hand). - Current practice is CPS highlighting the grounds for objecting provided by police on case file and the officer need not be present. *[D7.16 -- D7.23 What if there is no real prospect of a custodial sentence -- ]* - Para. 2 does not apply where the accused has attained the age of 18, and has not been convicted of an offence in those proceedings, and it appears to the court that there is no real prospect that the accused will be sentenced to a custodial sentence in the proceedings. - In such a case bail cannot be withheld. Then you move on to the other ground shown above. *[D7.24 -- D7.31]* But add to that list that, - the bail may be denied if the the accused is already on bail for another offence. - where the accused has absconded in the present proceedings. *[What are the class A drug provisions mentioned above?]* - there is drug test evidence (lawful) that there is a specified Class A drug in the person's body; - either the accused is charged with an offence under the Misuse of Drugs Act 1971, s. 5(2) or (3), and the offence relates to a specified Class A drug, or the court is satisfied that there are substantial grounds for believing that the misuse of a specified Class A drug caused or contributed to the offence with which the accused is charged or that offence was motivated wholly or partly by intended misuse of a specified Class A drug; and - the person does not agree to undergo an assessment (carried out by a suitably qualified person) of dependency upon or a propensity to misuse any specified Class. the court should not grant bail unless satisfied that there was no significant risk of the accused committing offences while on bail. Reversed presumption again. Under sch. 1, para. 2(2), where the accused falls within these drugs provisions, para. 2 does not apply unless the court is of the opinion that there is ***[no significant risk]*** of the accused committing an offence while on bail. Makes the test tougher to satisfy? Substantial to significant? *[D7.35 --7.36 -- When can a bail be refused to an accused with summary imprisonable offences -- ]*  Sch. 1, part IA, para. 1A provides that para. 2 (failure to surrender to custody), para. 3 (committing offences while on bail) and para. 7 (accused arrested under s. 7) do not apply where the accused has attained the age of 18, and has not been convicted of an offence in the proceedings, and it appears to the court that there is 'no real prospect that the defendant will be sentenced to a custodial sentence in the proceedings'. *[D7.37 -- What about non-imprisonable offences? ]* A diagram of a problem Description automatically generated It should be noted that the ***grounds of 'risk of absconding etc.' and 'insufficient time' for refusing bail to someone charged with imprisonable offences do not apply where the offences are non-imprisonable.*** *[D7.45 -- D7.49 What are conditions for bail?]* - Where the court grants 'unconditional' bail, the accused has simply to surrender to custody (i.e. attend court) at the date and time specified (s. 3(1)). However, the court may impose a wide range of additional requirements by granting bail subject to specific conditions, known as 'conditional bail' (s. 3(6)). *[What is the Duty to Surrender? ]* - A person granted bail in criminal proceedings is under a duty to surrender to custody (BA 1976, s. 3(1)). "surrendering into the custody of the court the accused has been bailed to attend". - Failure without reasonable cause to surrender to custody is an offence under the BA 1976, s. 6. - An accused may not act as his or her own surety. However, be required to provide other people to stand surety or give security. *[What conditions may the court impose? ]* A person who is granted bail may be required by the court to comply with such requirements as appear to the court necessary to secure that the person: - surrenders to custody; - does not commit an offence on bail; - does not interfere with witnesses or otherwise obstruct the course of justice; - is available for the making of inquiries or a report to assist in sentencing (this condition may be imposed only it appears to be necessary to do so for the purpose of enabling inquiries or a report to be made: sch. 1, part I, para. 8(1A)); and - attends an interview with a legal representative the only prerequisite for imposing conditions on bail is that, in the circumstances of the particular case, imposition of the condition is necessary to achieve the aims specified. No conditions may be imposed unless it appears to the court that it is 'necessary' to do so either (a) for the purpose of preventing the occurrence of any of the events mentioned in sch. 1, para. 2(1), or for the accused's own protection or, if a child or young person, for the accused's own welfare or interests. Question asked is -- 'Is this condition necessary for the prevention of the commission of an offence when on bail?' Court may impose any condition so long as it is necessary to prevent the accused from absconding, committing offences etc. - A prosecutor who wants the court to impose a condition must specify the condition and explain what purpose it would serve. *[D7.51 -- Tagging ]* - Electronic monitoring (colloquially known as 'tagging') is available as a condition of bail. *[D7.55 -- Surety -- ]* - A person granted bail in criminal proceedings may be required, before release on bail, to provide one or more sureties to secure the person's surrender to custody (and only for this purpose). No fetter to demand a surety. - no conditions shall be imposed under, inter alia, s. 3(4) (providing a surety) unless they appear to the court necessary to prevent the occurrence of any of the events mentioned in sch. 1, part I, para. 2(1). *[D7.60 What is a deposit of security? ]* - Persons granted bail may be required to give 'security' for their surrender to custody, i.e. deposit with the court money or some other valuable item which will be liable to forfeiture in the event of non-attendance in answer to bail. - Only if considered necessary to prevent absconding. If absconded the court may forfeit. - it is permissible for a third party to make available an asset to an accused for use as security, and that the court can accept such an asset. Court is not in matter between these parties. *[D7.65 -- Can a bail be varied? ]* - The accused may apply for the conditions to be varied (BA 1976, s. 3(8)(a)). - Application should be made to the court which granted bail or, where the accused has been sent to the Crown Court for trial, or committed to the Crown Court for sentence, to the Crown Court. - Prosecution can grant same applications for the conditions to be varied or and/or make an unconditional bail conditional. - Party must give advance notice to the court and to the other party, explaining what is sought and why. - the application must be served not less than 2 business days before any hearing in the case at which the applicant wants the court to consider it. Breach of any condition which has been imposed may result in the accused being arrested without warrant under the BA 1976, s. 7(3). *[D7.67 -- What is the procedure for a Bail application?]* - A bail application is to be regarded as a preliminary hearing, so the court may direct attendance through a live audio link or live video link. - a decision on bail cannot be made unless each party (and any surety directly affected by the decision) is present (in person or via live link) or has had an opportunity to make representations. - where the accused is in custody, bail may be considered in the absence of an accused who has waived the right to attend, or who was present when bail was refused on a previous occasion and who has been in custody continuously since then. - Can take place in public or private. - the onus is on the court to justify any refusal of bail, when the presumption for applies. *[D7.68 -- What is an ideal timeline for an application? ]* - Adjourning the case of an unconvicted accused to whom s4(1) applies and who is entitled to make a bail application, normal practice is to ask the prosecution if they have any objections to bail. - The prosecution may say no objections or summaries the objections. (CPS case file) - The defence representative (or the accused in person if unrepresented) may present the arguments for bail (whether conditional or unconditional). - Even if no application by defendant, the prosecution should give one or two cursory reasons to deny. - Normally dealt with on the basis of submissions from the prosecution and defence. - The prosecutor needs to provide the court with all information in the prosecutor's possession that is relevant to the question of bail - the prosecution oppose bail, the prosecutor is required to specify each statutory exception to the presumption in favour of bail on which the prosecution rely, and each consideration the prosecution argue to be relevant. - no requirement for formal evidence to be given. But either party may adduce evidence in respect of their arguments. - The prosecution will not normally reply to the application for bail by the defence, but can reply to correct mis-statements. - Having heard the prosecution objections to bail, and the answer of the defence to those objections, the court announces its decision on the grant or withholding of bail. *[D7.70 Is there a right to make repeated bail arguments? ]* - An accused who has been remanded in custody may make a fully argued application at the next hearing, regardless of whether that application repeats arguments that were placed before the previous bench. - So 1^st^ hearing and the next max is 8 clear days, then after the remand in custody after this application it would be after 28 days. - If the second application fails the court need not hear the arguments as to fact or law which it has heard previously'. *[D7.78 -- What are Certificates of Full argument? ]* - where a magistrates' court adjourns a case under the PCC(S)A 2000, s. 11, or the CDA 1998, s. 52(5), or the MCA 1980, s. 10, 17C, 18 or 24C, and remands the accused in custody after hearing a fully-argued bail application (s. 5(6A)(a)). In such a case, the court must issue a certificate confirming that full argument was heard if either the court has not previously heard full argument on a bail application made by the accused in the proceedings in question, or it has previously heard such argument but is satisfied that there has been a change in circumstances or that new considerations have been placed before it. - fully argued application on the basis of a change in circumstances or new considerations, the certificate must state what the change was. The significance of the issue of a certificate of full argument is that the right to apply to the Crown Court for bail is dependent on it. An adjournment during a summary trial (under the MCA 1980, s. 10) includes an adjournment for reports after conviction, so the obligation to issue a certificate may arise if the accused is remanded in custody at that stage. *[D7.80 -- Can the accused appeal? ]* - An accused who has been refused bail by a magistrates' court may apply for bail to the Crown Court. Appeal can also be made against conditions. *[D7.83 -- Notice of appeal? ]* - Written notice of the intention to make the application must be given to the magistrates' court, the Crown Court and the prosecutor (and any surety affected or proposed). ASAP after MC's decision. - The notice must explain why bail should not be withheld, or why the condition of bail under appeal should be varied (as the case may be), should identify any further information or legal argument that has become available since the decision of the magistrates' court and, where it is an application for bail, should attach a copy of the certificate that the magistrates heard full argument as to bail. - If the prosecution oppose the application, they must notify the Crown Court and the accused at once, and must serve notice of the reasons for opposing the application. - Unless the Crown Court directs otherwise, the application or appeal should be heard no later than the business day after notice of the application or appeal was served. *[D7.84 -- The hearing? ]* - The application may be heard in public or in private. - However, such applications are often heard in private. - The application will be heard by a circuit judge or recorder. - The hearing follows the pattern of a bail application in the magistrates' court. - If bail is granted to an accused who was refused it by magistrates at a remand hearing, the Crown Court may direct the accused to appear 'at a time and place which the magistrates' court could have directed' Cannot present another application to CC, if one already made unless there are fresh arguments or considerations. *[D7.92 and D7.93 -- Prosecutions Appeal -- ]* - To CC against MC's decision and HC aglint CC's decision.  *[D7.97 and D7.98 -- FTS or breach of bail conditions ]* The court can -- Issue a warrant under s7 (1) (can be backed by bail/surety). Can be issued by clerk. - Do nothing (adjourning at the point of FTS and increasing bail) need good reason. - Proceed in absence of accused (think when Atkin was warned by Barrister) *[D7.102 -- Power to arrest without warrant prior to surrender date -- s7 (3) ]* - the officer has reasonable grounds for believing that the accused is not likely to surrender to custody; or - the officer has reasonable grounds for believing that the accused has broken, or is likely to break, any condition of bail; or - a surety has given written notice to the police that the person bailed is unlikely to surrender to custody and for that reason the surety wishes to be relieved of any obligations. s\. 7(4) stipulates that the person arrested must be brought before a magistrate as soon as practicable and, in any event, within 24 hours. (excluding Sundays) (Christmas, Good Friday). The person arrested must be brought before a single justice, not just in the court precincts. Other than the 24 hours the continued custody become unlawful and any remand is ultravires. *[D7.103 -- Arrest following Grant of Conditional Bail by Crown Court --]* - Where an accused has been sent for trial to the Crown Court, and is subsequently arrested for breach of a bail condition, the jurisdiction to deal with the accused under s. 7 of the BA 1976 must be exercised by a magistrate. - If no breach is found -- bail continues - If there has been a breach -- bail may continue or more stringent conditions may be imposed. - If there is indeed a breach of bail condition -- and decided that withholding the bail is better, the accused may be remanded in custody until the date fixed for the trial or further order of the Crown Court. - Crown court may still grant a bail. *[D7.104 -- Procedure where the Accused is Brought before the Court]* The question for a magistrate before whom a person is brought under the BA 1976, s. 7, is whether that person 1. is likely to fail to surrender to custody, or else 2. has broken or is likely to break any condition of bail (as the case may be). If of the opinion that any of those matters is established, the magistrate may remand the accused in custody (s. 7(5)). Can grant bail with different conditions (more onerous). *[D7.105 -- Nature of s7 Enquiry]* - It was confirmed that there is no need for the court to hear evidence; instead it can base its decision on representations from the prosecution and the defence. - Entitled to rely upon hearsay material, so long as the material is properly evaluated. Two-stage approach. First, the justice must determine whether there has been a breach of a bail condition (if there has been no breach of a condition, then the accused is entitled to be granted bail on precisely the same conditions as before); Secondly, if there has been a breach, the justice is obliged to consider whether or not the bailed person should be granted bail again. In carrying out the first stage of that process, the justice must act fairly and give the accused a chance to answer the allegation of breach. That does not, however, include an inquiry as to whether the arrested person had any reasonable excuse for breaching bail (since s. 7 makes no mention of such a defence and, indeed, s. 7 does not create a criminal offence). The second stage (assuming that the justice is satisfied that there has been a breach) is the point at which the reasons for the breach of bail become relevant. At that stage, the justice must consider all the issues relating to 'reasonable excuse' when deciding whether or not to grant bail. D7.108 -- There is no sperate offence under s7, only power of arrest. *[FTS]* *[D7.110 -- creates the offence of absconding -- ]* - Under s. 6(1), a person who has been released on bail and who fails, without reasonable cause, to surrender to custody, is guilty of an offence. The burden of showing reasonable cause is on the accused (s. 6(3)). - a person who had reasonable cause for failing to surrender on the appointed day nevertheless commits an offence by failing to surrender as soon after the appointed time as is reasonably practicable (s. 6(2)). (Think Atkin not surrendering) *[D7.111]* -- An offence under s. 6(1) or (2) is 'punishable either on summary conviction or as if it were a criminal contempt of court' (s. 6(5)). - liable to imprisonment for up to three months and/or a fine of any amount - MC can convict under this and commit to CC for sentence or trial and this is also dealt by CC. - CC can imprison up to 12 months, either on sentencing from MC or dealing with criminal contempt. *[D7.113 --]* an offence under s. 6(1) or (2) is punishable either on summary conviction or as if it were a criminal contempt of court. - s\. 6(5) did not have the effect of converting an offence under the Act to a contempt of court. It followed that the judge was not entitled to deal with the matter in the same way as an ordinary contempt of court. - An accused who has absconded after being granted bail by a court should normally be brought, as soon as appropriate after arrest, before the court at which the proceedings in respect of which bail was granted are to be heard *[There is no requirement to apply for a summons or to issue a written charge and requisition ]* - The court may initiate the proceedings, prosecutor may invite the court to. - Where the court initiates proceedings, the prosecutor is expected to assist the court, for example by cross-examining the accused. After asking absconders of their reason If the explanation seems prima facie satisfactory, the bench indicates that no further action is necessary; otherwise the charge is put to the accused. - that decision is binding on subsequent benches.