L. R.33. At the same time the Prison or Remand Centre sends a request for a report in the form of a standard letter and questionnaire direct to the Police Station dealing with the defendant's case. Prosecutors must keep the issue of bail under review throughout the life of the case. Make sure your bail conditions work with other court orders 4. Where a defendant has surrendered to bail at court later than the appointed time, consideration ought to be given to the following questions in deciding whether or not it is in the public interest to proceed with an offence of failing to surrender: Where the court is looking to proceedings for failure to surrender (separate to consideration as to whether bail should be revoked or amended), it should consider the content of Criminal Practice Direction (Custody and Bail) [2013] 1 W.L.R 3164, the main requirements of which are: The court should give reasons in open court if it decides not deal with the Bail Act offence at the earliest opportunity. I have breached my bail conditions, what should I do? Any factors which might affect the defendants ability to comply with bail conditions, such as drug or alcohol dependency. Extensions from six months to twelve months in such cases can be granted by the appropriate decision makers at SFO, HMRC, NCA and the FCA as set out in s.47ZDB PACE. This guidance assists our prosecutors when they are making decisions about cases. 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. Pre-charge police bail is governed by provisions in the Police and Criminal Evidence Act 1984 (PACE). The medical practitioner providing the certificate may be required by the court to give evidence. If you have been granted bail, you should consider yourself fortunate, and make sure you know your bail conditions well. Therefore the court remand warrant must be faxed or emailed to MHCS as soon as it is issued, and MHCS will send back the section 48 warrant. 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. In the light of section 15 (3) Prosecution of Offences Act 1985, it has been decided (with the concurrence of the Official Solicitor) that responsibility for the content of the completed form should rest with the Crown Prosecution Service rather than the Police. Investigators will also need to consider what if any benefit will flow from the designation of a case as exceptionally complex. Duration of pre-charge bail. GOV.UK is the place to find Where a defendant has been bailed by the court and fails to surrender, the court may try them for that offence at any point after he has been brought before the court for that offence, irrespective of the length of time since he failed to surrender - section 6(10) Bail Act 1976. The position may differ between the magistrates' court and the Crown Court. Circumstances where a court may find a medical certificate to be unsatisfactory include: It therefore follows that as a minimum standard a medical certificate should set out: Medical practitioners should be aware that when issuing a certificate to a defendant in criminal proceedings they make themselves liable to being summonsed to court to give evidence about the content of the certificate, and may be asked to justify their statements. What happens if I breach bail conditions? However, the breach of a condition of release in the bail bond is actually a crime. 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. You need to tell the police that you want to get this information. 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. 1. Where the CPS receives information from a source other than the Police which may justify a section 5B application, the prosecutor should provide details to the Police and request the Police view. 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. The application can only be granted if the period to be extended has not already expired. Some investigators will have the powers available to police constables to make these applications, but others may need to rely on police assistance. In determining whether releasing the person on bail is necessary and proportionate in all the circumstances, the custody officer must have regard in particular to the factors set out in s.50A(2) PACE. He was bailed until. A "surety" is a person who agrees . A trivial breach could land you in jail! The Magistrates' Court - Simple Bail Structure - Card 4 - Youth Defendant: Indictable Only or Either-Way Imprisonable Offence can be downloaded here. Refund of bail. 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 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. Under Schedule 1 Part IIA Bail Act 1976, a person is entitled to be granted bail at the first hearing at which he appears charged with an offence. Bail Conditions or 'Terms of Release' are restrictions placed on a person's behaviour when they are allowed to leave police custody or jail and go back into the community. 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. As the detention of children under 12 in youth detention accommodation would not be available to the Court, other than at the instigation of the local authority itself under section 25 Children Act 1989 it would be improper to try and use section 38(6) PACE to achieve it. A 'qualifying police officer' is either a Commander or Assistant Chief Constable (ACC). If you breach your bail you may be arrested and brought to court. government's services and The expiry date for the nine month bail period; A copy of the superintendents extension (to nine months); a custody officer authorises the release on bail, having considered any representations made by the person. Applications are ordinarily determined by a single justice of the peace on written evidence with no attendance required. Bail can only be extended from three months if the Inspectors decision is made before the expiry of the three months. The remand is for a maximum of eight days as the remand in absence procedure does not apply to youth offenders. We can advise you about applying to the Magistrates' Court for bail or to vary the conditions put on your bail . It just means that the police/court can *decide* whether to grant you bail. 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. It also means that only one set of custody time limits needs to be monitored. The DPP has designated all Deputy Chief Crown Prosecutors and Deputy Heads of Division in the Central Casework Divisions. The record will also carry information about breach of bail. If this is possible, the suspect should be arrested for breach of bail as well, but must be placed before a magistrates' court within 24 hours, irrespective of the stage at which the investigation for the new offence has reached. Murder Cases - section 115(1) Coroners and Justice Act 2009. Such requests should be considered by a DCCP or Deputy Head of Division. Children aged 12 to 17 may be remanded on unconditional bail, conditional bail, conditional bail with electronic monitoring, bail supervision and support, bail supervision and support with electronic monitoring, bail Intensive Support and Surveillance Programme (ISSP), with voice verification and/or with electronic monitoring. Bond. Standard cases have an initial bail period of three months (authorised by a custody officer), an extension to six months (authorised by an Inspector), an extension to nine months (authorised by a Superintendent), with extensions beyond nine months requiring an application to the court. The CPS must be ready to deal with the section 115 hearing in the Crown Court irrespective of whether there is to be a bail application as the prosecutor will need to assist the judge with information to establish a legitimate reason for withholding bail. The defendant was bailed in criminal proceedings. If you are on bail and you fail to attend court when required, you may be arrested and taken to court in custody . Applications to the court to extend can be made by either a constable or a Crown Prosecutor. Custody Time Limits are dealt with elsewhere in the Legal Guidance. Previous. A custody officer who determines that they have sufficient evidence to charge the person arrested can (inter alia) release that person without charge and on bail for the purpose of enabling the DPP to make a charging decision under s.37B PACE. a child who is aged 12 to 17 inclusive, that no secure accommodation is available and that keeping themin other local authority accommodation would not be adequate to protect the public from serious harm from them; or, any child that, for the reasons specified on the certificate, it is impracticable to make the transfer (. 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). Section 47ZJ PACE covers what are called late applications. Breach of conditions usually allow a party to sue for damages as well as rescission/termination of the contract. A bond is posted on a defendant's behalf, usually by a bail bond company, to .
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