Bail in Criminal Proceedings

The question of bail arises every time a case is adjourned and the accused is remanded. This key text provides a uniquely comprehensive account of the law, practice, and procedure governing bail at every stage in an action from the police station to the House of Lords. It includes the relevant legislation and procedural rules, case law, and also offers guidance on ethics as well as research findings in this area. This new edition has been completely updated to take account of major changes introduced by the forthcoming Criminal Justice Act.

Neil Corre is a Solicitor-Advocate, consultant with City firm Sonn Macmillan, and course director of London Legal Lectures. David Wolchover is Head of Chambers at 7 Bell Yard, London, and has practiced at the criminal bar since call in 1971.

PREFACE

X

LIST OF ABBREVIATIONS

XII

TABLE OF CASES

XIII

TABLES OF PRIMARY AND SECONDARY LEGISLATION

XXVII

INTRODUCTION

1

(396)

1. THE RIGHT TO BAIL

1.1 The Origins of the Right to Bail

25

(9)

1.2 The Statutory General Right to Bail

34

(18)

1.3 Exceptions to the Right to Bail in Schedule 1 to the Bail Act 1976

52

(7)

1.4 Aspects of the Statutory Considerations for Assessing whether to Invoke the Principal Exceptions

59

(6)

1.5 Applying the Exceptions to Bail

65

(20)

1.6 Requirement to Explain and Record Bail Decisions

85

(11)

1.7 Time Spent in Custody Prior to Sentence

96

(10)

1.8 Deferred Sentence

106

(1)

1.9 Offence Committed while on Bail is an Aggravating Sentencing Factor

106

(1)

1.10 Indefinite Detention of Non-UK Citizens on Suspicion of Involvement in International Terrorism

107

(4)

2. SURETY AND SECURITY

2.1 Surety for Attendance

111

(36)

2.2 Securities for Attendance

147

(7)

2.3 Surety for Good Behaviour

154

(5)

3. CONDITIONS OTHER THAN SURETY OR SECURITY

3.1 Introduction

159

(2)

3.2 Bail Act Provisions Relating to Conditions

161

(14)

3.3 Some Common Conditions

175

(6)

3.4 Some Less Common Conditions

181

(7)

3.5 Electronic Monitoring

188

(4)

3.6 Compatibility with the European Convention on Human Rights

192

(7)

4. FAILING TO SURRENDER AND BREACHING CONDITIONS

4.1 The Duty to Surrender to Custody

199

(3)

4.2 Arrest for Having Failed to Surrender

202

(5)

4.3 The Bail Act Offence of Failing to Surrender

207

(18)

4.4 Trials in Absence

225

(1)

4.5 Enforcement: Arrest of Potential Absconders and Persons Breaking or Likely to Break Conditions of Bail

226

(8)

4.6 Rescission of the Statutory Right to Bail Following Arrest Under Section 7

234

(7)

5. RENEWED APPLICATIONS FOR BAIL

5.1 The Former Liberty to Reapply for Bail at Every Remand Hearing

241

(1)

5.2 The Imposition of Restrictions on the Right to Reapply

242

(1)

5.3 Further Developments

243

(1)

5.4 Criticism of the Restrictive Rule and its Rationale

244

(3)

5.5 Mitigation by Enactment of the Right to Apply for Bail to the Crown Court Before Committal

247

(3)

5.6 Section 154 of the Criminal Justice Act 1988

250

(4)

5.7 To What Extent do the Pre-1988 Authorities Remain Relevant?

254

(3)

5.8 The Impact of Article 5 of the European Convention on Human Rights

257

(4)

6. POLICE BAIL

6.1 Introduction

261

(2)

6.2 Police Power to Release Arrested Persons

263

(10)

6.3 Release of Persons after Charge

273

(3)

6.4 Bail by Police for Appearance at Court

276

(4)

6.5 Imposition of Conditions

280

(7)

6.6 Application to a Magistrates' Court for Variation of Conditions Imposed by Police

287

(4)

6.7 Right of Prosecutor to Apply to Court for Reconsideration of Bail Granted by the Police

291

(4)

6.8 Refusal by the Police of Bail in Principle

295

(2)

6.9 Persons in Customs Detention

297

(2)

7. THE JURISDICTION OF THE MAGISTRATES' COURT

7.1 The Power of Remand Before Summary Conviction or Sending to the Crown Court for Trial

299

(12)

7.2 Allocating Trial Venue of Cases Triable Either Way

311

(6)

7.3 Remand Following Conviction

317

(3)

7.4 Powers of Further Remand upon Subsequent Non-Attendance on Due Date

320

(1)

7.5 Committal to the Crown Court for Sentence

321

(6)

7.6 Sending Defendants for Trial

327

(5)

7.7 Transfer for Trial

332

(8)

7.8 Powers Relating to Bail which may be Exercised by a Single Justice or a Justices' Clerk

340

(2)

7.9 Use of Live Television Links at Preliminary Hearings

342

(1)

7.10 Decision-Making in the Magistrates' Court

342

(7)

8. THE JURISDICTION OF THE CROWN COURT

8.1 Categories of Person to whom the Crown Court may Grant Bail

349

(1)

8.2 Jurisdiction where Magistrates are Seised of the Case

350

(3)

8.3 Jurisdiction where Crown Court is Seised of the Case

353

(3)

8.4 Rules of Procedure Under the Crown Court Rules 1982

356

(4)

8.5 Prosecution Appeal Against Grant of Bail

360

(6)

8.6 Appearance of a Previously Acquitted Person on Being Re-charged for the Purpose of an Application to the Court of Appeal for Retrial

366

(3)

9. BAIL PENDING APPEAL

9.1 Appeal from a Decision of the Magistrates' Court

369

(5)

9.2 Bail by the Crown Court Pending Appeal to the Court of Appeal or to the High Court

374

(6)

9.3 Jurisdiction of the Court of Appeal

380

(11)

9.4 Bail on Appeal to the House of Lords

391

(2)

9.5 Appeal Against Committal for Contempt

393

(1)

9.6 Bail During and After the Hearing of an Application for the Retrial of an Acquitted Person

394

10. THE JURISDICTION OF THE HIGH COURT

10.1 Application to High Court Judge in 'Chambers'

397

(10)

10.2 Habeas Corpus

407

(6)

10.3 Judicial Review

413

(14)

11. VULNERABLE SUSPECTS AND DEFENDANTS

11.1 Children and Young Persons

427

(22)

11.2 Persons Affected by an Adverse Mental Condition

449

(8)

12. CUSTODY TIME LIMITS

12.1 Introduction

457

(1)

12.2 General Matters

458

(5)

12.3 Custody Time Limits in the Magistrates' Court

463

(2)

12.4 Custody Time Limits in the Crown Court

465

(6)

12.5 Extension

471

(16)

12.6 Appeal

487

(4)

12.7 Time Limits for Persons Under the Age of 18

491

(5)

12.8 Custody Time Limits in Practice

496

(3)

13. THE ROLE AND DUTIES OF THE ADVOCATE ON MATTERS OF BAIL

13.1 The Prosecuting Advocate

499

(3)

13.2 The Defending Advocate

502

(15)

APPENDIX The Bail Act 1976

517

(22)

The Bail (Amendment) Act 1993

536

(3)

INDEX

539

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Bail in Criminal Proceedings

Summary

Author Biography

Table of Contents

Supplemental Materials

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Bail in Criminal Proceedings

Summary

Author Biography

Table of Contents

Supplemental Materials

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