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. Purpose of bail conditions. Section 41(9) - release following expiry of the 24 hour custody clock, Section 42(11) - release following the expiry of the 36 hours custody clock, Section 43(19) - release following the expiry of a warrant for further detention, Section 47(2) - bail to return to a police station, The custody officer authorises the release on bail having considered any representations made by the person or the person's legal representative (s.36 PACE provides more detail about custody officers who must be of the rank of sergeant or above). having someone act as a surety. Section 114(2) Coroners and Justice Act 2009 provides that bail may not be granted to someone charged with murder unless the court is satisfied that there is no significant risk that, if released on bail, that person would commit an offence that would be likely to cause physical or mental injury to another person. In case of a breach of the oath in a signature bond, the defendant may suffer the following consequences: The police can set a shorter bail return date for the return of the suspect to the police station before then, but the initial applicable bail period will always be 28 days (save for Serious Fraud Office cases for which see the section below on Other Investigators). Given the importance of this advice to maintaining public safety, the Justices' Clerks' Society and the office of the Senior Presiding Judge has been made aware of this advice. Children aged 10 and 11 may be remanded on unconditional bail, conditional bail, bail supervision and support or bail Intensive Supervision and Surveillance Programme (ISSP). If you fail to comply with any of the bail conditions, the judge will issue a bench . Details of the hospital where the defendant is being treated so that the MHCS can send the hospital the appropriate form to complete and ensure that they understand the process. the number of days on which the offender was subject to the relevant conditions, and. Step 3. Arrest for breach of pre-charge bail conditions and the PACE custody clock. For precise information as to what documents to lodge and where, prosecutors should have regard to. Youths charged with the serious offences listed in section 115 should be dealt with in accordance with the procedure as set out at Annex 4, Annex 5 and Annex 6 and in the section on Youth Bail and Youth Remand below. However, in Zora, the SCC confirmed that the mens rea to be applied for breaching a bail condition was subjective. the defendant is not likely to surrender to custody; or. You are allowed to appeal to change your conditions of bail at the magistrates' court, or if you have been remanded in custody, you can apply for bail at the court. to attend an interview with a legal adviser; to make themor herself available for enquiries and reports; that contain electronic monitoring requirements. It is notable that the legislation envisages the existence of SFO cases that are not exceptionally complex. Prosecutors are also reminded to ensure that victims are informed of bail decisions especially in cases involving 'vulnerable' and 'intimidated' victims and witnesses. In all applications, it will be advisable to talk to the representative from the youth offending team before addressing the Court on the need for any conditions to be imposed on the remand, or for a stipulation that the defendant should not live with a named person. The Police and Criminal Evidence Act 1984 (PACE)Where the police consider that there is sufficient evidence to charge, but the matter must be referred to the CPS for a charging decision (s.37(7)(a) PACE). To get bail, you may have to agree to conditions, such as: regularly reporting to a police station. A person who has been arrested by a constable other than at a police station may be released on bail (so called street bail) provided: Any such release on bail to the police station is for a maximum of 28 days. The Bail Act 1976 applies to youth offenders and there is a presumption that the defendant has a right to bail, save for exceptions set out in Schedule 1. Bail in these circumstances must be necessary and proportionate and the police should consider the factors contained in s.50A(2) PACE as well as any views expressed by the victim (s.47ZZA PACE). Time that is spent remanded or committed in custody (including Police detention, or in secure accommodation), is deducted from the final sentence. When bail is refused, courts should remand the child in local authority accommodation, as defined in section 92 LASPO 2012, unless the risk they pose cannot be managed safely in the community. Pre-charge bail can only be used where necessary and proportionate. If you are brought before the court for a breach, the magistrate may: Release you on your existing bail conditions; or. This means you could be sent to a detention centre. The Court may impose any condition on the local authority remand that could be imposed under section 3(6) Bail Act 1976 and section 93(1) LASPO 2012. 47ZF ZJ of PACE contain the relevant provisions. In that case the bail amount is estreated (or forfeited). It tells you about: bail in: o England and Wales o Scotland o Northern Ireland the general principles of bail bailing a suspect bail with conditions varying bail appeals and reconsiderations of bail failing to surrender refusal of bail In addition to the authorisation referred to above, the decision to appeal the granting of bail should be taken or confirmed by a Youth Justice Specialist (YJS) and the Area Youth Justice Lead (AYJL) should be notified of the result of the appeal. The role of the prosecutor is to decide whether the case is exceptionally complex, not to decide whether bail should be extended from nine to twelve months. Firstly, Police can grant a person bail. This information should be recorded by the prosecutor on the Prosecutor App or the electronic Hearing Record Sheet (HRS). A breach of a bail condition may also lead to a conviction for a breach of bail (s 29 Bail Act 1980 (Qld) (Bail Act)). A Superintendent can extend bail from 28 days to three months, (from the bail start date). It is then the decision of magistrates or a judge . Section 47ZE(5)(b) PACE does not specify what form this consultation should take. The prosecutor should consider the following when deciding whether to use section 5B: If the prosecutor decides to proceed with a section 5B application, the application must be made in accordance with Criminal Procedure Rules 14.5 and Criminal Procedure Rules 14.6. 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. information online. Any history of offending, absconding or witness interference whilst on bail in the current or in previous proceedings; Any express or implied intention to continue to offend, abscond or interfere with the course of justice and any apparent motive for doing so (for example, to obtain money for the purpose of drug purchases); The extent to which the defendant has continued to offend whilst subject to other orders of the Court, such as suspended or deferred sentences and conditional discharge, and any relevant breach proceedings in respect of other sentences as the presence of one or more of the features may demonstrate an unwillingness or inability to comply with other orders of the Court such as bail conditions; Any previous breaches of bail conditions in earlier or concurrent proceedings or a history of absconding and failing to surrender to custody; Any evidence of violence or threats towards or undue influence over the victim of the crime, or other vulnerable witnesses; The degree of temptation to abscond. Thereafter, Paragraph 3 Part IIA Bail Act 1976 states that court need not hear arguments as to fact or law that it has heard previously, unless there has been a change or circumstances that might have affected the earlier decision see R v Dover & East Kent JJ., ex p. Dean [1992] Crim. The most notable exception being for suspects bailed for a charging decision from the CPS under s.37(7)(a) PACE. Breach of conditions usually allow a party to sue for damages as well as rescission/termination of the contract. What happens to a defendant if they breach bail conditions? The CPS must serve the application on the court officer and the other party not less than two business days before any hearing. In Victoria, a person who has been charged with an offence can be conditionally released from custody either by the police or by a court. Breach of bail when out on bail. If bail is approved by an Inspector under the pre-release condition the initial "applicable bail period" is 28 days under s.47ZB PACE. What the police can do. A prosecution will normally be in the public interest where a defendant has deliberately failed to attend with no reasonable cause unless they are able to put forward substantial mitigating circumstances. 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. If you had been released on court bail, the offence is punishable by up to a year in prison or a fine of up to $2,000; in the case of Police bail, it is punishable by a fine of up to $1,000. Breach of bail occurs when any conditions of your bail terms have not been met. A police decision to release without bail (or release under investigation/RUI as it is commonly known) is not subject to the time periods and pre-conditions in s.50A PACE. reasonably believes the person has breached or is likely to breach a bail condition; c. If the offence you are charged with is an unbailable offence, the . The decisions on bail, in criminal proceedings, represent an important stage in the prosecution process. The record will also carry information about breach of bail. You may have to spend the night in custody (locked up) and come to court from the cells. The report can give the court evidence about: whether you're unfit to plead, or. Prosecutors should consider the seriousness of the offending, the strength of the links to the other jurisdiction(s) compared to the defendants links to the UK, and assess the risk of failure to surrender on a case by case basis. In charge of the police station for the time being. Contacting these individuals may prove problematic in some cases. But for NON-BAILABLE offences, this doesn't mean that you cannot be released on bail. Prosecutors and managers will therefore need to give careful consideration as to the merits of any appeal against the grant of bail and whether any conditions should be sought in addition to a remand and prior to the hearing of an appeal. Views should be sought on whether and what relevant conditions should be imposed on the suspects s bail. You will lose the money that you or your independent surety agreed to pay in the bail bond. The CPS Areas, CPS Direct, Central Casework Divisions and Proceeds of Crime, Information for prosecuting advocates including Advocate Panels, Annual reports, business plans and strategies, Variation of Police Imposed Bail Conditions, Opposing Bail: Information for prosecutors, Credit for Period of Remand on Bail with an Electronic Tag, Warrants of Further Detention pre-charge: s.43 PACE, Detention in a Police Station post charge: s.128(7)(8) MCA, Detention in Police Custody for Drug Offenders: s.152 CJA, Defendants with Mental Health Conditions and Disorders, Appeals in relation to Grant of Bail - by the Prosecutor, Bail Applications involving the Official Solicitor. 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. There will be cases where the police bail a suspect for further investigation under s.37(2) PACE and then having completed their investigations submit the case to the CPS for a charging decision having concluded there is sufficient evidence to provide a realistic prospect of conviction. Police Crime Sentencing and Courts Act 2022, section 115(1) Coroners and Justice Act 2009, (section 25(2) Criminal Justice and Public Order Act 1994), Section 114 Coroners and Justice Act 2009, Section 114(2) Coroners and Justice Act 2009, 6A 6C Part I of Schedule 1 Bail Act 1976, Direct Communication with Victims and Witnesses, Care and Treatment of Victims and Witnesses, Homicide cases - Guidance on CPS service to Bereaved Families, section 115 Coroners and Justice Act 2009, Part I, Paragraph 2 of Schedule 1 to the Bail Act 1976, section 91(5) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), Schedule 1 Part I paragraph 4, Part IA paragraph 6 and Part II paragraph 4 Bail Act 1976), section 23B Children and Young Persons Act 1969, section 157 Police, Crime, Sentencing and Courts Act 2022 (PCSC 2022). 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. The prosecutor may only apply on the basis of information which was not available to the court or the police when the original decision was taken. The statutory tests within the LASPO 2012 (as amended) make clear that placing a child in custody must always be a last resort, but that option remains open to the courts where necessary. 102 Petty France, We have successfully applied for the discharge of police bail or the deletion / variation of onerous bail conditions in lengthy investigations, often on behalf of company . CrimPR 14.22 sets out the process for these applications. This offence carries a maximum penalty of a Class A fine and/or 12 months imprisonment. punishable in the case of an adult with imprisonment for a term of 14 years or more or taken together with any other imprisonable offences of which the child has been convicted in any proceedings. The Court cannot deny you bail (section 387 of the CPC); b. Know what happens if you don't follow your bail. Under s.50B PACE the College of Policing can issue guidance to assist officers in making decisions about pre-charge bail. Prosecutors should be mindful of their corresponding duty to have regard to the interests of the youth and the principal aim of the youth justice system which is to prevent offending (section 37 Crime and Disorder Act 1998), when considering representations in respect of bail. Guidance for those cases is included in Annexes 8 and 9. The grounds for refusing bail are set out in Schedule 1 Bail Act 1976. If you are granted bail, you will be given a written notice advising you of the time, date and location you are required to answer bail and . Serious breach of bail. Such releases allow the custody sergeant to impose bail which is not subject to the pre-release conditions and without the time limits relevant to police investigative bail. Bail conditions While granting bail the Court has to keep in mind not only the nature of the accusations, but the severity of the punishment, if the accusation entails a conviction and the nature of evidence in support of the accusations. The nature and seriousness of the offence which the defendant faces is relevant if it illustrates the risk created by granting bail. The papers will be sent to the Crown Court and will be placed before a Crown Court judge authorised to hear murder trials or preliminary hearings. Provided those conditions are met a qualifying police officer can extend bail to a maximum of twelve months (from the initial bail date) before a court application is required. Prior to the decision in Zora, courts throughout Canada disagreed on the mens rea to apply to breaches of bail conditions. It should be remembered that these provisions should always be viewed as being subject to Custody Time Limits. Conditions of bail may only be imposed where necessary to ensure that the exceptions to bail are addressed. Section 37C(4)states that if a person is released on bail unders.37C(2)(b), then that person shall be subject to whatever conditions applied immediately before their arrest for breach. A "surety" is a person who agrees . There is no provision for alleged breaches of pre-charge bail to be put before the court as there is with post-charge bail.. Once in detention, a decision has to be made as to whether the suspect can be charged with the offence for which they were bailed. When someone appears before a court, accused of a criminal offence, there will usually be a reason why the whole proceedings cannot take place in full there and then. In these circumstances, it is important to liaise with any Defence solicitors, where known. The Magistrates' Court - Simple Bail Structure - Card 3 - Adult Defendant: Non-Imprisonable Offence can be downloaded here. He was bailed until his court hearing on the condition he didn't contact his ex. It is not returned if the accused person fails to appear in court. Electronic tagging with GPS location monitoring: As above but with the additional facility to impose an element of location monitoring such as exclusion from a particular locality or around a particular address. It just means that the police/court can *decide* whether to grant you bail. There is also a prescribed form for submitting such material to the court. See s.30A and 30B PACE for more detail about street bail. what you think by taking our short survey, Specialist Prosecutor Hannah Sidaway spoke to police & prosecutors this week on how Unlawful Act Manslaughter was u, A so-called football fan has been banned from football matches and fined for homophobic abuse of Bournemouth fans., Stalking is a pattern of unwanted, fixated and obsessive behaviour which is repeated, persistent, and causes alarm, RT @CPSEastMids: Although the number of cases flagged with stalking or harassment has risen each year in the East Midlands, this has not st, RT @CPSEastMids: Stalking is a debilitating offence, which can have a detrimental effect on victims daily lives.
