If bail is refused, Paragraph 1 Part IIA Bail Act 1976 applies and the court is under a duty to consider bail at each subsequent hearing at which the defendant appears (Remands in absence under the Magistrates Court Act 1980 are not counted). Bail Versus Bond. That the custody officer is satisfied that releasing the person on bail is necessary and proportionate in all the circumstances, having regard, in particular, to any conditions of bail which would be imposed; and. Oral hearings (not in open court) may be requested: 47ZF ZJ of PACE contain the relevant provisions. The prosecutor should not withhold information from the court with a view to using it to support a section 5B application later. There are now fairly few examples of people being on bail for 28 days and subsequently charged. 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. It will still be possible for police to secure an extension beyond the initial 28-day bail period . He left before his case was called and was convicted of failing to surrender. If an application to adjourn is made, the court will need to consider all of the circumstances including likely length of proceedings and the penalty that might be imposed for failing to surrender. Oral hearings (not in open court) may be requested. Investigators will also need to consider what if any benefit will flow from the designation of a case as exceptionally complex. After the initial 28 days a decision could be taken by the police to re-bail, the committee said. Maybe you got COVID-19 shortly after your first dose and need to recover before getting your second one. consulting the qualified prosecutor. 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. Has the defendant arrived at court at a time after a warrant for his arrest has been issued? Cases submitted to the CPS by the police for early investigative advice will involve suspects who are not on bail as well as suspects who are on bail and subject to the time limits and processes set out in s.47ZA-47ZM. The decision as to whether bail is to be extended is for the qualifying police officer, not the prosecutor. The use of police pre-charge bail for further investigation (with or without conditions) is subject to the pre-conditions contained in s.50A PACE and certain restrictions as to the time periods. 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. The medical practitioner providing the certificate may be required by the court to give evidence. Check benefits and financial support you can get, Find out about the Energy Bills Support Scheme. These include: In any case in which pre-charge bail is being considered under these provisions the investigating officer must seek the views of the alleged victim if it is reasonably practicable to do so. Under section 7(4) Bail Act 1976, a person so arrested must be brought as soon as practicable, and in any event within 24 hours of his arrest, before the magistrates court for the area in which he was arrested. 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 court still has a duty to consider bail every time the defendant appears before it. Any extension will require a Superintendent's authority. Not all investigations or charging decisions will be completed within the period of the extensions granted. This requires the court to be satisfied that there is no alternative mechanism for adequately dealing with the risk presented by the child in the community (sections 98(4) or 99(7) LASPO 2012 (as amended)). 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). A 'qualifying police officer' is either a Commander or Assistant Chief Constable (ACC). 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. 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. 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. Where bail is granted by the police and the defendant fails to surrender, the police may charge him as long as the charge is laid within six months of him failing to surrender, or three months of him surrendering to custody, being arrested or being brought before the court for the offence for which he is bailed, whichever is sooner sections 6(11) - (14) Bail Act 1976. 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 Police Crime Sentencing and Courts Act 2022 introduced a new s.47(6A) PACE that adds three hours to the PACE custody clock when an individual is arrested on suspicion of a breach of pre-charge bail. Such releases allow the custody sergeant to impose bail which is not subject to the pre-release conditions in s.50A PACE and without the time limits relevant to police investigative bail. A benchmark of the quality of CPS case preparation is that we are: "Continually reviewing the remand status of defendants, and ensuring that custody time limit cases are dealt with in accordance with the national standard. The court, which first imposes the electronically monitored curfew, will commence a record which documents the conditions imposed and the date on which they are imposed. In this case, the mobility component will continue to be paid for the full term of the agreement. The PACE provisions as to pre-charge bail changed on 3 April 2017 as a result of amendments made by the Policing and Crime Act 2017; and then again on 28 October 2022 as a result of amendments made by Section 45 of the Police Crime Sentencing and Courts Act 2022 (PCSCA 2022). In a similar way, releases on bail following a PACE clock extension (superintendent authorised extension) or after a warrant of further detention are also subject to the pre-release conditions. The defendant did report and then complied with the instructions to wait in the concourse before becoming tired of waiting and leaving the building. 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. 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). The court no longer has a power to remand a 15 or 16-year-old boy to secure accommodation rather than a young offenders' institution. The police generally have the same power to impose bail conditions as do the courts. Time that is spent remanded or committed in custody (including Police detention, or in secure accommodation), is deducted from the final sentence. If so, the prosecutor must ensure that the information in support of the application accords with the requirements of section 43(14) PACE in that it contains: The reasons for believing that the suspect's continued detention is necessary for the purpose of such further enquiries. In exceptional circumstances, where the police need to keep an individual on bail for longer, they will have to apply to a magistrate for further bail. that the defendant has broken or is likely to break any condition of bail. If, like many women, you don't have a 28-day menstrual cycle, you can determine . The hearing/consideration of bail must be within 48 hours, beginning with the day after the day on which the magistrates send or refer the case (excluding Saturdays, Sundays, Christmas Day, Good Friday and Bank Holidays). 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 pre-release conditions in s50A and the time limits and processes in s.47ZA - ZM do not apply to releases without bail. This means that if you are released on police bail, it should take no longer than a month for a decision to be made. an officer of the rank of police inspector or above authorises the release on bail, having considered any representations made by the person. What happens after bail is granted? CrimPR 14.22 sets out the process for these applications. 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. Bail can only be extended from 28 days if the Superintendent's decision is made before the expiry of the 28 days. If a medical certificate is accepted by the court, this will result in cases (including contested hearings and trials) having to be adjourned rather than the court issuing a warrant for the defendant's arrest without bail. The use of police pre-charge bail for further investigation (with or without conditions) is subject to the pre-conditions contained in s.50A PACE and certain restrictions as to the time periods involved in s.47ZA to s.47ZM PACE. It should be remembered that these provisions should always be viewed as being subject to Custody Time Limits. The questionnaire requests details of any objections to 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. After you report rape or sexual assault, we'll arrange for someone to talk to you. In some circumstances this can be extended 28-day limit on police bail comes into force It seems to me unlikely that someone would use a distinctive vehicle like a red taxi to move a body. the defendant is not likely to surrender to custody; or. 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. Before the court can authorise an extension, it must be satisfied that Conditions B to D in s.47ZC PACE are met (s.47ZF(3) PACE). Prosecutors are also reminded to ensure that victims are informed of bail decisions especially in cases involving 'vulnerable' and 'intimidated' victims and witnesses. There are a number of exceptions. Preliminary hearings, including those considering bail, may be held via live video link and where live link is used, the defendant is deemed to be present -section 52A(2) Criminal Justice Act 2003. Although Chauvin had been out on bail since October, Judge Peter Cahill revoked Chauvin's bail after the verdict. Courts have a statutory obligation to record their reasons for imposing custodial remand and this provision requires the courts to indicate that they have considered the welfare of the child in their decision and will also reinforce the existing presumption of non-custodial remand by ensuring the courts consider remand to Local Authority Accommodation as a first step (sections 102(4) and 102(5) LASPO 2012). Chauvin will now await sentencing while behind bars. The request should; The CPS will maintain a record of this communications and the accompanying documents. The new rule in a nutshell allows suspects to be released on pre-charge bail for 28 days to begin with. 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. A person may be denied bail if there are substantial grounds for believing that any of the exceptions in Schedule 1 Bail Act 1976 are made out. The court must consult the designated local authority before imposing conditions on the child or the local authority (section 93(4) LASPO 2012). 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. As such, prosecutors should consider the savings in time and cost that might result from using the live link where a prisoner serving a sentence in relation to another offence needs to be produced in court. The role of the 'qualifying prosecutor' is to decide whether the case is exceptionally complex, not to decide whether bail should be extended from three to six months. Section 240A Criminal Justice Act 2003 provides that a court must direct that the period for which a defendant was subject to a curfew and an electronic monitoring condition, to count as time served by the offender as part of the sentence. Asad Rahim Khan, a Lahore-based lawyer and legal analyst, agreed there is no merit to the charges but added Khan was "deeply irresponsible" in making his statement on Saturday.
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