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. That judge will decide if there should be a hearing and if the defendant should be produced. Minister for Policing and the Fire Service Brandon Lewis, said: We needed to rebalance this system for the benefit of all concerned. It is not for the CPS to monitor the applicable bail period and the stopping and starting of the bail clock, but the CPS should maintain a record of the date a file is received, the date any request is made for more evidence and the date it is received. Under s.47ZF(7) PACE if the court is satisfied that the decision to charge is likely to be made, or the further investigation is likely to be completed, (Condition B above) within an additional 3 months, it may extend bail to 6 months from the bail start date, 9 months for a designated case or an SFO case). App. For example, care should be taken to ensure that the interval between reporting times is not so long as to be insufficient to prevent a defendant from absconding. Pre-charge bail, also known as police bail, enables those under investigation to be released from custody, potentially subject to conditions, while officers continue their enquiries. Prosecutors should be aware of the necessity of dealing with youth offenders in an expeditious manner. There is no need to call formal evidence unless contesting the defence of reasonable cause. 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. Pre-charge bail can only be used where necessary and proportionate. The restrictions and time limits on bail do not apply to releases under s.37(7)(a) PACE for cases sent to the CPS for a charging decision. The Bail (Amendment) Act 1993 applies to youth offenders charged with, or convicted of, offences punishable (in case of an adult) with imprisonment and in respect of whom the prosecutor has made representations that he or she should be remanded to local authority accommodation, or youth detention accommodation under the provisions of sections 98 or 99 LASPO 2012. The Court shall designate the local authority that is to receive the youth offender (section 92(2) LASPO 2012). Applications are ordinarily determined by a single justice of the peace on written evidence with no attendance required. Error or forgetfulness is unlikely ever to amount to a reasonable excuse, but may be relevant mitigation for the court to consider (Laidlaw v Atkinson The Times (02/08/1986)). You have rejected additional cookies. The bail or custody representations, including any proposed conditions; The results of any discussions with the Police concerning bail; Full reasons for the bail or custody representations referring to the relevant provisions of the Act where conditional bail or a remand in custody is suggested; Recommendations, applications and decisions resulting from considering the provisions of the. 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. By inference the presumption to bail does not apply to those defendants who appear before a court post-conviction where proceedings are adjourned for any other reason, for example committal for sentence. Their cases are subject to different time limits with an initial bail period of six months rather than three months (s.47ZB PACE). Where this is not clear cut, it may be more appropriate to leave it to the court to decide and to make objections to bail in the usual way. Applications to the court must be made before the expiry of the bail period. All children remanded to youth detention accommodation will be placed in a secure children's home, secure training centre or young offenders' institution. Friday Arrests. informing the suspect or their legal representative of the intention to make a decision. 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. A defendant need not be granted bail if he is in custody in pursuance of the sentence of a court or of any authority acting under any of the Services Acts (see. 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. If bail is approved by a custody officer under the pre-release condition the initial "applicable bail period" is three months under s.47ZB PACE. The Policing and Crime Act makes specific provision for the Serious Fraud Office and the Financial Conduct Authority. It should be remembered that these provisions should always be viewed as being subject to Custody Time Limits. S.47ZL(2)(b) PACE provides that the applicable bail period is suspended when the case is referred to the CPS for a charging decision (see the section The Bail Clock (stopped for a CPS charging decision and restarting on return to the police). Those arrested before that date but after 3 April 2017 will be subject to the previous provisions of PACE. The grounds for refusing bail are set out in Schedule 1 Bail Act 1976. The process is similar to that for the inspectors and superintendents authority to extend; the ACC or Commander has to be satisfied conditions A to D in s.47ZC PACE are met. It may be appropriate to consider a defendants travel history in this context. The 2022 provisions apply to pre-charge bail for those arrested for an offence on or after 28 October 2022 (s.45(3) PCSCA). Where a defendant is brought before a magistrates' court charged with possession of a controlled drug or a drug trafficking offence, the Magistrates have the power to remand the defendant into the custody of a police officer or customs officer for a period not exceeding 192 hours, if the court considers it appropriate to do so. 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. Bail should be reconsidered in the light of the failing to surrender, A separate penalty should be considered for the failing to surrender. In other words, section 5B is not the only provision available to the court to allow it to reconsider bail. Thirdly, the position in the magistrates' court may be the same, but may easily differ as explained in DPP v Richards.". If you're comfortable talking about what happened, the officer will have four main questions: In cases where either bail is not necessary and proportionate, or the time limit has expired suspects can be released without bail while an investigation continues. 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. However, where a person has been convicted and is then brought before either the magistrates' or Crown Court to be dealt with for breach of the requirements of a community order or breach of certain youth community orders. The court may impose conditions that appear to be necessary for the same reasons as adults save that the court may also impose a condition "for his own welfare or in his own interests" (section 3(6)(ca) Bail Act 1976). The request should: The CPS will maintain a record of these communications and the accompanying documents. He may only be detained at a police station if there is a need for him to be so detained for the purposes of enquiries into other offences and he shall be brought back to court as soon as that need ceases (section 128(8)(a)(b) MCA). This guidance is not intended to be exhaustive and each case will need to be decided on its merits after consideration of any representations made to the court and any other information which may become available. Where a court remands on bail a 10 or 11-year-old who is either charged with or has been convicted of a serious offence or, in the opinion of the court, is a persistent offender on bail the court may order a local authority to make an oral or written report specifying where the child is likely to be placed or maintained if he is remanded into local authority accommodation (section 23B Children and Young Persons Act 1969). Authority to appeal to the High Court has to come at the level of Deputy Chief Crown Prosecutor. The Policing and Crime Act amended PACE by adding the words: 'since the person's release, new evidence has come to light, or an examination or analysis of the existing evidence has been made which could not reasonably have been made before the person's release' and provides for the re-arrest of an individual in such circumstances. 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. How long can you be on bail for? Any change in bail status will require contact with the suspect and may involve setting a new bail return date. You should only make an application for a remand to youth detention accommodation when you have considered all of the alternatives and decided that they would be inadequate to protect the public from serious harm or to prevent the commission of further offences. Conditions of bail may only be imposed where necessary to ensure that the exceptions to bail are addressed. The Magistrates' Court - Simple Bail Structure - Card 1 - Adult Defendant: Indictable Only or Either-Way Imprisonable Offence can be downloaded here. 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. Section 68 of the Policing and Crime Act 2017 creates a new offence of breach of pre-charge bail conditions related to travel. Standard cases have an initial bail period of 28 days (authorised by an Inspector); an extension to three months (authorised by a Superintendent) with extensions beyond three months requiring an application to the court. The nature and seriousness of the offence which the defendant faces is relevant if it illustrates the risk created by granting bail. This can initially onlt be done for a maximum of 28 days with one extensuion. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. If so satisfied, the application for a remand in custody will be made by way of a two-stage application - for the remand into custody, and, if granted to police custody. These investigators already rely on police assistance with suspects detained in custody, with custody officers authorising detention and Inspectors reviews of the PACE detention clock. the world. The date on which the medical practitioner examined the defendant; The exact nature of the defendant's ailment; If it is not self-evident, why the ailment prevents the defendant from attending court; An indication as to when the defendant is likely to be able to attend court, or a date when the current certificate expires. Four weeks (28 days) apart for Moderna. Contributors have pointed out that when she leaves after 28 days many of the same patients are still there, they assume this is an error, but they assume all the patients receive the same amount of time in rehab. In exceptional circumstances, they may use their discretion as to whether a warrant backed for bail may be appropriate. The PCSCA 2022 amendments to PACE (in force from 28 October 2022) are complex but most of the changes are to be found in ss.47ZA - 47ZM and s.50A and s.50B. Before making the bail decision, the Superintendent has to arrange for the suspect, or the suspects legal representative to be informed that a decision, on bail is to be made. Prosecutors are also reminded to ensure that victims are informed of bail decisions especially in cases involving 'vulnerable' and 'intimidated' victims and witnesses. The credit period is the number of days represented by half of the sum of the number of days on which the offender is subject to an electronically monitored curfew of at least nine hours per day. Maybe you got COVID-19 shortly after your first dose and need to recover before getting your second one. The administrative challenges facing the police in monitoring the applicable bail period can be considerable. The amendments do not affect post-charge police bail (bail for court) under s.38 PACE. This information should be recorded by the prosecutor on the Prosecutor App or the electronic Hearing Record Sheet (HRS). There is a specific obligation to consider a bail application, even if the court has refused bail twice and there is no change of circumstances nor any considerations which were not before the court when the youth was last remanded (R (on the application of B) v Brent Youth Court [2010] EWHC 1893 Admin). In the magistrates' court, a defendant can only remand a person in custody for a maximum of eight days, except where it has previously remanded him in custody and it has a set a date for the next stage of those proceedings. government's services and The fact that the defendant is already being treated at that hospital will be taken into account. In proposing (or considering) conditions of bail, prosecutors must ensure that that they are necessary, reasonable, proportionate and capable of being enforced. Todays changes will bring an end to those long periods of bail without any independent oversight that we have seen in the past. The prosecutor should be prepared to ask for time to make enquiries as to the sufficiency of the surety. a Superintendent has already granted an extension up to three months, as above; and. However, if the court is sitting and, especially if the suspect is represented, the prosecutor may be required to assist the court by questioning the officer to establish that the grounds (above) are made out. It is vital that prosecutors note that this is not a consideration in cases involving domestic violence or any other risk of physical or mental injury to persons associated with the defendant. If you are arrested for a fairly minor criminal offense, and your bail is set at $5,000, then you would pay a bail bondsman $500 to avoid spending more time in jail. Contact us today at 817-261-2828 for more information about posting bail during this difficult chapter of your life. The record will also carry information about breach of bail. Bail What happens if I don't follow my bail conditions? In the absence of case law, the prosecutor should treat such information as not having been available to the police. It is notable that the legislation envisages the existence of SFO cases that are not exceptionally complex. 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. The 2022 provisions apply to pre-charge bail for those arrested for an offence on or after 28 October 2022 (s.45(3) PCSCA). The Court may remand a youth aged between 12 and 17 to youth detention accommodation, rather than local authority accommodation if the youth satisfies either the first or second set of conditions in sections 98 and 99 LASPO 2012. If, however, the court is not so satisfied, and more time will be required, the court can extend bail to 9 months in volume crime case and 12 months in designated and SFO cases from the start of the original bail period. Any extension will require a Superintendent's authority. The words "reasonable excuse" should not be imported into. In R v Evans (Scott Lennon) [2011] EWCA Crim 2842, the defendant arrived at the Crown Court where he informed his advocate of his arrival. The Policing and Crime Act 2017 amended PACE by adding the words: 'since the person's release, new evidence has come to light, or an examination or analysis of the existing evidence has been made which could not reasonably have been made before the person's release' and provides for the re-arrest of an individual in such circumstances. (Courts must hear the application no later than the fifth business day after receipt). The pre-conditions for pre-charge bail are defined in s.50A PACE - and require: If the pre-conditions for bail are not satisfied, then the release must be without bail. However, the Secretary of State for Justice is able to consider a transfer under section 48 Mental Health Act 1983 and facilitate a remand straight to hospital from the magistrates' court where: Where the statutory criteria are satisfied, early liaison with the Mental Health Casework Section (MHCS) of HM Prisons and Probation Service is essential. Applications to the court must be made before the expiry of the bail period. It will still be possible for police to secure an extension beyond the initial 28-day bail period . On 28 June 2022 section 157 Police, Crime, Sentencing and Courts Act 2022 (PCSC 2022) amended section 91 LASPO 2012. 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. A defendant's first appearance in court often happens at a hearing called an arraignment. Sufficient evidence to charge is the same wording as the original PACE provision when charging by the CPS was introduced under the Criminal Justice Act 2003: it refers to a realistic prospect of conviction. 16. Releases on bail under section 34, 37(2) and 37(7)(b) and 37(7)(c) PACE are subject to the pre-release conditions as above, as is a release following arrest for breach of pre-charge police bail (but not for terrorism offences for which separate provisions apply). A 'qualifying police officer' is either a Commander or Assistant Chief Constable (ACC). The bail clock starts the day after arrest (as with Custody Time Limits the first day is discounted). The day on which the conditions are imposed is counted but the last day is excluded because it counts as the first day of the sentence. Next Steps 1. Lacomba is on bail until the 16th Nov (first arrested on 16th Oct) so I think this must be the standard 28 day bail period when police must either charge you or release you from the bail conditions. When you are released from jail, you will be given a date for a first appearance, usually set for a couple of months after the release. If a remand in custody is sought, he may apply for bail using any argument of fact or law that he chooses. amounts (or would, if the child is convicted of the offence(s) for which he or she is remanded) to a recent history of committing imprisonable offences while on bail or subject to a custodial remand; electronic monitoring is available and the youth offending team have informed the court that electronic monitoring is suitable for the child. 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. Prosecutors and managers will therefore need to give careful consideration as to the merits of any appeal against the grant of conditional bail. The magistrates' court has have no power to adjourn the proceedings and must consider, on the material before them, whether they are able to form one of the opinions set out in, If the court feels unable to form one of the opinions set out in, The procedures adopted above do not amount to breaches under Article 5 and 6 of the European Convention on Human Rights -, The issue for the court is whether there has been a breach and, if so, whether the defendant ought to be re-admitted to bail.
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