However, there is some discretion depending on the circumstances. Even if the circumstances do not amount to a Bail Act offence, the court may still issue a warrant for the defendant's arrest (section 7(2) Bail Act 1976). 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. 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. Prosecutors need to approach this application by firstly satisfying themselves that a remand in custody on the offence charged is justified, having regard to whether one or more of the exceptions to bail are made out. Bail and bail with conditions. Where necessary, prosecutors should be proactive in seeking more time for a response to be received - see CrimPR 14.8 (6) and (7). The following factors have been identified as indicators of exceptional complexity. The High Court jurisdiction in respect of habeas corpus is unaffected. To get bail, you may have to agree to conditions, such as: regularly reporting to a police station. My son has been refused high court bail. Where a court has granted bail, the prosecutor or the Defence may apply to the magistrates' court (or, where a person has been committed to the Crown Court for trial or sentence, to the committing Court or to the Crown Court) for conditions of bail to be varied or for conditions to be imposed where unconditional bail was granted - section 3(8) Bail Act 1976. - If you've been charged with a BAILABLE offence, you are *entitled* to be bailed out if someone (aka a "surety") puts up the required bail amount for you. It is then the decision of magistrates or a judge . In some cases, the CPS will be invited to designate a case as exceptionally complex so that an Assistant Chief Constable/Commander can consider a bail extension. The court displayed a notice which required all persons due to appear in court to report to the enquiry counter. Guidance for those cases is included in Annexes 8 and 9. A record which discloses previous convictions, particularly of a similar kind against the same victim or victims with similar characteristics; Evidence of violence or threats of violence to the victim or his or her family, or; Evidence of undue influence over the victim, for example where there are alleged sexual offences against young people or children. Although the two sets of conditions are similar in many respects, the differences lie in the history condition that applies only in section 99 LASPO 2012; and the offence condition which for section 99 LASPO 2012 stipulates an imprisonable offence, whilst section 98 LASPO 2012 requires a violent, sexual or terrorism offence or one carrying 14 years imprisonment. 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. Many people choose to ignore bail conditions, especially in cases of pre-charge bail. If you cannot attend court for whatever reason, you must attend court as soon as possible thereafter. If you need to make an urgent bail application in NSW you should contact us immediately on (02) 7804 2823 or email us at info@astorlegal.com.au. Examples might be extreme cases of personal violence such as murder, rape, robbery or aggravated burglary, particularly if it is alleged that weapons have been used in offences of violence or during the commission of sexual offences. 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. 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. For precise information as to what documents to lodge and where, prosecutors should have regard to. 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. Some investigators will have the powers available to police constables to make these applications, but others may need to rely on police assistance. In cases where the offender is likely to be remanded for a considerable period of time, it will obviate the need for the offender to be produced at court every seven days. The submission of a case to the CPS for early investigative advice does not suspend the bail clock and the relevant bail period. He is satisfied by reports from two registered medical practitioners that the defendant is suffering from a mental disorder of a nature and degree that makes hospital treatment appropriate and urgent and that such treatment is available for the defendant, and; That such treatment is expedient in the public interest and in all of the circumstances of the case. Where a murder case is to be sent to the Crown Court, the magistrates have no jurisdiction to consider bail. His detention without charge is necessary to secure or preserve evidence relating to an offence for which the suspect is under arrest or to obtain such evidence by questioning them; The investigation is being conducted diligently and expeditiously. Being charged means that the police have formally accused you of committing a crime. In the absence of case law, the prosecutor should treat such information as not having been available to the police. This is also called a breach of bail conditions. 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. The remand is for a maximum of eight days as the remand in absence procedure does not apply to youth offenders. If a person fails to answer bail or breaches bail, they will be legally liable for arrest. R. 87 the defendant was on bail to appear at the magistrates' court. There is no power to vary the conditions of bail that previously applied. Annoying the Police = Cross Police. The bail clock starts the day after arrest (as with Custody Time Limits the first day is discounted). This record will be made available to the sentencing court. Firstly, Police can grant a person bail. You may also be told to surrender your passport. What happens to a defendant if they breach bail conditions? Prosecutors should be aware however that the possibility of a judicial review of a decision of bail still exists despite these changes, but authority indicates that this should be used sparingly - see R (ex parte R) v Snaresbrook Crown Court [2011] EWHC 3569 (Admin). Forms are prescribed for making the application; the response and for applications to withhold sensitive information. The Magistrates' Court - Simple Bail Structure - Card 6 - Youth Defendant: Non-Imprisonable Offence can be downloaded here. Note: Where a person charged with one of the offences referred to above has a previous conviction for manslaughter or culpable homicide in the UK or EU court, he shall only have his right to bail restricted where he received a sentence of imprisonment or detention upon conviction. In considering whether an appeal is appropriate, the key factor to consider is the level of risk posed to a victim, group of victims or the public at large. Associate Prosecutors who do not have instructions from a prosecutor to appeal bail if granted (whether through instructions on the MG3 or otherwise) should seek instructions before serving written notice of appeal from a lawyer manager but may give oral notice of appeal before seeking instructions. (ii) that the accused makes himself available for the purpose of . Section 91 LASPO 2012 applies where a court has decided it cannot release the child concerned on bail under the Bail Act 1976 in criminal or extradition proceedings. Prosecutors must keep the issue of bail under review throughout the life of the case. An appeal against the grant of bail (with or without conditions) to a youth will result in a remand to local authority accommodation pending the determination of the appeal. Secondly, the Court can grant a person bail. An inspector can extend bail from three months to six months, from the bail start date (s.47ZD PACE) and a superintendent can extend bail from six months to nine months (s.47ZDA PACE). 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 factors that could increase the risk that the defendant may fail to surrender to the court such as links to other jurisdictions, for example family, friends and/or assets including properties. Annoying the Judge = Unhappy You. Before this provision came into force (when the first arrest for the offence under investigation was on or after 28 October 2022) such an arrest could leave the police with little time on the PACE custody clock if that time had been used during an earlier period of detention. 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. Time spent remanded or committed to local authority accommodation does not count against the final sentence. The prosecutor may apply to vary the conditions of bail, impose conditions on bail which had been granted unconditionally, or revoke bail. Those found guilty of violating their bail may face still penalties including jail . 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. 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). (a) the need to secure that the person surrenders to custody; (b) the need to prevent offending by the person; (c) the need to safeguard victims of crime and witnesses, taking into account any vulnerabilities of any alleged victim or alleged witness; (d) thee need to safeguard the arrested person, taking into account any vulnerabilities of that person; (e) the need to manage risks to the public. Prosecutors should be prepared to assist the court to explore the status and means of the potential surety, in the interests of justice and the surety. This only applies to bail granted by the magistrates' court or the police, and only in relation to offences triable on indictment or either way. 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. The appeal must be heard within 48 hours of the end of the day on which the bail application was heard, excluding weekends and public holidays. However, it should not be assumed that bail will be inappropriate by virtue of a defendants links with a particular overseas jurisdiction. Proceedings for failing to surrender ought not to be adjourned, even the proceedings for the offence that led to the grant of bail are adjourned. That officer is responsible for deciding whether bail should be extended from nine to twelve months. You need to tell the police that you want to get this information. to the court. 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. Your child may ask for bail if they go to court for an offence. The qualifying officer is responsible for: Section 47ZE PACE does not define what might amount to an "exceptionally complex case". Bail. 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. 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 Make sure your bail conditions work with other court orders 4. 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. Any extension beyond nine months requires the approval of the court. What the police can do. Prosecutors should advise the defence solicitor, the Court and the youth offender team and of any information on the CPS file that indicates that a youth remanded to youth detention accommodation has any physical or emotional maturity issues or a propensity to self- harm to enable the child to be placed appropriately. If you are arrested . Care must be taken, however, with mentally disordered offenders to ensure that the risks of the future events are reduced in a way most compatible with their proper care and treatment (for example by diversion to a recognised medical treatment scheme or by a remand on bail to an appropriate probation or medical facility); and. 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. Generally speaking, the more serious the offence and the higher the likely penalty, the stronger will be the need to guard against one of the future risks. If the authority intends to make this application, then it may well be advisable for Prosecutors to delay any application for remand to local authority accommodation until the local authority application has been heard. In this context and in accordance with s1(7) of the. 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. The law in Victoria relating to bail is the Bail Act 1977. JGM. If, however, the court is not so satisfied and more time will be required, the court can extend bail to 18 months in volume crime case, and 24 months in designated and SFO cases, from the start of the original bail period. The use of remands by prisoner to court video link (PCVL) will avoid the need to transport the defendant; There is no guarantee that defendants who are remanded in custody on other matters or who are serving prisoners would not be released before the conclusion of the instant proceedings. The CPS may want to assist in designated cases involving highly sensitive material (see the section Dealing with 'specified' sensitive information). 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. 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). Prosecutors, whether reviewing a case or appearing as advocates, should ensure that the following information is recorded: Given that bail can be re-visited at various stages of a case (including appeals by the prosecution against the granting of bail), it is important that the Crown's objections to bail and the Court's decision (including which grounds if any it upholds) are clearly noted by all parties and the Court. These exceptions are contained in s.47ZL PACE. Vary your existing bail conditions; or. The maximum period for which a Court can make a Secure Accommodation Order on a youth offender who has been remanded to local authority accommodation is the period of the remand. Youths aged 10 and 11 can only be remanded to local authority accommodation. Any change in bail status will require contact with the suspect and may involve setting a new bail return date. Police bail is where the police, having interviewed you, release you back into the community. Custody Time Limits are dealt with elsewhere in the Legal Guidance. In cases to which bail time limits apply it is for the police to monitor and extend those periods including in making applications to the court. The words "reasonable excuse" should not be imported into. On the other hand the right of appeal should not be used simply because the defendant has no fixed address or settled way of life, particularly where this may be coupled with mental health problems (unless accompanied by genuine indications of danger to the public). The defendant was bailed in criminal proceedings. informing the suspect or their representative that a determination has been made. Bail applications can be refused. A serious risk of harm to public safety and property might be demonstrated in an offence of arson with intent to endanger life or being reckless as to whether life is endangered, terrorist offences or riot. Prosecutors should contact the MCHS in advance of the first appearance to agree the information needed which will include: The MHCS will decide whether the hospital offers a sufficient level of security given the nature of the charges and antecedent history and any risk assessment. Doctors will be aware that medical notes/certificates are normally submitted by defendants in criminal proceedings as justification for not answering bail; they may also be submitted by witnesses who are due to give evidence and jurors. Note that the use of cash bail is declining in Canada . Under s.50B PACE the College of Policing can issue guidance to assist officers in making decisions about pre-charge bail. An example of a non-bailable offence is murder; and. revoking bail and putting the defendant back in custody (jail) imposing additional or more restrictive bail conditions. The authority itself may ask the Court to impose conditions on a remand to local authority accommodation (section 93(3) LASPO 2012) and both the local authority and the child can apply to the court to vary or revoke any conditions previously imposed (section 93(6) LASPO 2012). The medical practitioner providing the certificate may be required by the court to give evidence. 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. issuing a warrant for the defendant's arrest. Common conditions include the place of residence, non-association with particular individuals, bans on alcohol consumption, curfews, or surrendering of passports. Cases submitted to the CPS by the police for early investigative advice will involve suspects who are not on bail and suspects who are on bail and subject to the time limits and processes set out in s.47ZA-47ZM. The DPP has designated all Deputy Chief Crown Prosecutors and Deputy Heads of Division in the Central Casework Divisions. This may well involve the giving of "hearsay evidence". Bail is a written promise you sign (called an undertaking) to come to court on the date written on the undertaking to face the charges against you. If you don't answer the scheduled calls and subsequent attempts to reach you, you may be in breach of your immigration bail conditions. An electronic monitoring requirement may only be imposed if the criteria in sections 94 (2) (6) LASPO 2012 are satisfied, namely: The court may also impose requirements on the authority itself for securing compliance with any conditions imposed on the child or stipulating that the child shall not be placed with a named person (section 93(3) LASPO 2012). Attach an affidavit outlining why the court should grant you bail. the number of days on which the offender was subject to the relevant conditions, and. You may lose bail if you do not follow the conditions. consulting the prosecutor. Under section 6(3) Bail Act 1976, it is for the defendant to prove that he had a reasonable cause for failing to surrender. The appeal hearing is a complete re-hearing of the application at the Magistrates Court with the judge at liberty to remand the defendant in custody, or grant bail on any conditions they deems appropriate. The Policing and Crime Act makes specific provision for the Serious Fraud Office and the Financial Conduct Authority. Before the expiry of the relevant bail period, the court has the power, on application, to extend the bail period for a further 3 months or 6 months depending on the likely timing of charging or completion of the investigations. The right of appeal to the High Court under this section does not enable a prosecutor to appeal a decision by the Crown Court to uphold the decision of Magistrates to grant bail - section 1(1C) Bail (Amendment) Act 1993. an officer of the rank of police inspector or above authorises the release on bail, having considered any representations made by the person. Before this provision came into force (when the first arrest for the offence under investigation was on or after 28 October 2022) such an arrest could leave the police with very little time on the PACE custody clock if that time had been used during an earlier period of detention. A Superintendent can extend bail from 28 days to three months, (from the bail start date). This provision deals with applications that have been made to the court before the end of a bail period but are made so late that the court is unable to determine the application before the end of the bail period. It is vital that Prosecutors recommend the appropriate course of action to a Court in connection with bail and that sufficient comprehensive information is available to a Court in connection with the decision whether or not to grant bail. I can explain the strategy for fighting these charges, the repercussions of a guilty plea, the nature of a peace bond if applicable, and other related aspects of your charges. A bond is posted on a defendant's behalf, usually by a bail bond company, to . The need to contact the Inspector and for the inspector to receive and consider representations may act as a significant disincentive to the future use of street bail, which is not widely used in any event. Any factors which might affect the defendants ability to comply with bail conditions, such as drug or alcohol dependency. Requests for further evidence are defined as a "DPP request" in s.47ZL(12) PACE: a request by the Director of Public Prosecutions for the further information specified in the request to be provided before the DPP decides under s.37B(2) whether there is sufficient evidence to charge the person with the relevant offence. The Court of Appeal did not agree that reporting to the usher amounted to surrendering. In this instance, by surrendering to the enquiry desk, the defendant could not be said to have failed to surrender. Bail Conditions in Canada: R. v. Zora Explained. The decision must be determined by the court as soon as practicable but no sooner than 5 business days after the application was served to allow time for the suspect to respond (CrimPR 14.18). Prosecutors may find that, since it is usually the investigating police officer who makes the application on oath and that these applications are often made outside of normal court sitting hours, the officer will make the application to the court. 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). This will provide investigators with more time to complete any outstanding lines of enquiry and seek a charging decision in these cases where they are in a position to do so. Clause 47ZG deals with subsequent extensions by the court. 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. PACE does not set time limits for these cases. Challenging police bail conditions. They apply to conditional and unconditional bail including bail for further investigation, and bail whilst the police make a charging decision. 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. reasonable grounds. The court may require an initial hearing to determine whether to make an order for the proceedings to be heard via live link, at which the defendant may be required to attend via live link, and in relation to which he (or those representing them) should be able to make representations -section 52(8) Criminal Justice Act 2003.
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