what happens if you breach bail conditions
variation of a curfew to accommodate work commitments). 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. The better course is to make an application to the custody Sgt or the Magistrates Court for a discharge of police bail or a discharge / variation of police bail conditions. Judges normally have several options when a defendant violates a condition of bail. A breach of any of the conditions of a bail undertaking will result in a warrant being issued for the defendant's arrest. What happens if I don't attend court? There is also a prescribed form for submitting such material to the court. A qualifying prosecutor has designated the case as being exceptionally complex. If sentenced in the Crown Court (whether dealt with as a contempt of court or committed to the Crown Court for sentencing) the maximum penalty is 12 months' imprisonment and/or fine. Then, having invited any representations, the Superintendent must consider them and then arrange for the suspect or the suspects legal representative to be informed whether an extension has been authorised. 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. Section 114 Coroners and Justice Act 2009 amends Schedule 1 Bail Act 1976. Their cases are subject to different time limits with an initial bail period of six months rather than three months (s.47ZB PACE). Electronic tagging with GPS location monitoring: As above but with the additional facility to impose an element of location monitoring such as exclusion from a particular locality or around a particular address. It should be noted that the risk of failing to surrender owing to the severity of the likely sentence, if convicted was a matter to be assessed in the light of other relevant factors. 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. Where the CPS has not yet received a case file from the Police (for example where the defendant has only recently been charged and bailed), the Police will submit the appropriate National File Standard file, together with information supporting a proposed section 5B application. 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. what your sentence should be. 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. The Policing and Crime Act makes specific provision for the Serious Fraud Office and the Financial Conduct Authority. The Court's record of the grant of bail, or the charge sheet, if Police bail was granted, giving details of the time and date the defendant was due to surrender, will be sufficient. 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. In these circumstances, it is important to liaise with any Defence solicitors, where known. Under section 16 Criminal Justice Act 2003, a person who has been unsuccessful in securing the variation or lifting of a bail condition may appeal that decision to the Crown Court. The court may release you on the same bail conditions, give you a new bail with different conditions or refuse you bail. A person can be arrested if a bail condition is broken ( breach of bail ). The procedures governing applications and appeals in relation to bail are set out in Part 14 Criminal Procedure Rules. 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. What the police can do. The defendant was bailed in criminal proceedings. Where the defendant is brought before the court, having not been charged by the police and with no information having been laid previously, the prosecutor may ask for an information to be laid at this stage, subject to the time limits as set out above. In the event of a successful appeal to the Crown Court, the Judge should be invited to remand the defendant, where they aresubject to the magistrates' court's jurisdiction, to appear before the Justices on a date which must be no more than eight clear days from the date of his last appearance before them. 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 defendant did report and then complied with the instructions to wait in the concourse before becoming tired of waiting and leaving the building. If you breach your bail (which means if you fail to attend court or disobey your bail conditions) then you may be arrested and brought back. Time that is spent remanded or committed in custody (including Police detention, or in secure accommodation), is deducted from the final sentence. The suspected breach of bail conditions may necessitate the Threshold Test being applied where previously the grounds for applying this test were not met. Bail conditions While granting bail the Court has to keep in mind not only the nature of the accusations, but the severity of the punishment, if the accusation entails a conviction and the nature of evidence in support of the accusations. Youths aged 10 and 11 can only be remanded to local authority accommodation. The Magistrates' Court or Crown Court can send you to hospital for a report on your mental health before your trial. If the police release the person from the police station for the purposes of a charging decision by the CPS, the bail restrictions never start, and the person can be released by the custody sergeant for any period. It is an offence for a suspect released on bail in criminal proceedings, who having reasonable cause for failing to surrender at the appointed place and time, fails to surrender at that place and time as soon as is reasonably practicable thereafter - section 6(2) Bail Act 1976. 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. The argument was that this was not 'new' evidence as it was already in the possession of the police. "Bail" is an accused's status when they have been allowed to remain at liberty (i.e. A liberation on undertaking involves a person being subject to bail conditions. But for NON-BAILABLE offences, this doesn't mean that you cannot be released on bail. The application can only be granted if the period to be extended has not already expired. GOV.UK is the place to find 6,732 satisfied customers. Reporting to a police station: This must be necessary to avert the risk it is designed to meet. Prosecutors and managers will therefore need to give careful consideration as to the merits of any appeal against the grant of bail and whether any conditions should be sought in addition to a remand and prior to the hearing of an appeal. However, a court is not absolutely bound by a medical certificate. Furthermore, a decision to recall may be successfully challenged before the conclusion of the criminal proceedings. Being charged means that the police have formally accused you of committing a crime. Charged or convicted means that bail can be appealed even when a convicted defendants case is adjourned for sentence. These standards and much of the guidance below will apply whether the question of bail is before a magistrates' court, a Youth Court, a Crown Court or the High Court. The SFO can also designate cases as exceptionally complex, extend bail and make applications to the court without reference to the police. 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 (usually known as a release without investigation or RUI). Annoying the Police = Cross Police. The decision to extend must be made before the expiry of the initial three months for the first extension or six months for the second extension. 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)). You need to tell the police that you want to get this information. The Policing and Crime Act 2017 amendments to PACE (in force from 3 April 2017) are complex but most of the changes are to be found in ss.47ZA - 47ZM and s.50A PACE. The Court cannot deny you bail (section 387 of the CPC); b. If a person fails to answer bail or breaches bail, they will be legally liable for arrest. 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. c. If the offence you are charged with is an unbailable offence, the . That decision is for the qualifying prosecutor. The Magistrates' Court - Simple Bail Structure - Card 1 - Adult Defendant: Indictable Only or Either-Way Imprisonable Offence can be downloaded here. The request should: The CPS will maintain a record of these communications and the accompanying documents. Make sure your bail conditions work with other court orders 4. If a suspect breaches bail conditions they will be brought back before the court. This applies where a person arrested on suspicion of committing a relevant terrorism offence, is released on pre-charge bail and subsequently breaches conditions of that bail aimed at preventing them from leaving, or attempting to leave, the UK. The procedure is that the defendant completes the appropriate Home Office form and the Prison or Remand Centre should send the form to the Official Solicitor and a copy, for information, to the local Crown Court Centre. allowing you to remain in the community while your case is in the court system. 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. Bail conditions should only be imposed in order to address any of the risks that would be inherent in granting unconditional bail. The Magistrates' Court - Simple Bail Structure - Card 6 - Youth Defendant: Non-Imprisonable Offence can be downloaded here. If the police refuse to grant you watch house bail, you can apply to the court for bail. 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 usual bail periods for standard cases is 28 days (authorised by an Inspector) with a possible extension to three months (authorised by a Superintendent). Oral notice must be given to the court at the conclusion of the bail hearing and before the defendant is released -, Prosecutors should request from the magistrates' court a "notice of a decision about bail" under, Written Notice of Appeal must be served on the Clerk to the Magistrates Court and the person concerned within two hours of the conclusion of the proceedings in which oral Notice of Appeal was given. If you have been granted bail, you should consider yourself fortunate, and make sure you know your bail conditions well. No. Those found guilty of violating their bail may face still penalties including jail . It is not necessary to use section 5B to ask the magistrates' court to reconsider bail when the defendant is already present at court in answer to bail. 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. Where a murder case is to be sent to the Crown Court, the magistrates have no jurisdiction to consider bail. 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 below on The Bail Clock (stopped for a CPS charging decision and restarting on return to the police). It is regularly updated to reflect changes in law and practice. In charge of the police station for the time being. It should be noted that (either pre or post charge) the police cannot impose conditions on a suspect: The procedure for dealing with breach of police imposed bail conditions that are in place prior to the first court appearance matches the procedure for dealing with breaches of court imposed conditions - see below. It is an offence to breach any conditions of your bail. If no murder-ticketed judge is available, the list officer will refer the case to the Resident Judge. CrimPR 14.20 sets out the process for these applications. 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. Should investigators require more than three months bail to conclude an investigation, a first application for an extension will be made to the magistrates' court. Breaching Bail. A custody officer, after charge, is under a duty to ensure that an arrested youth is moved to local authority accommodation, unless it is certified in the case of: Although the sub-section uses the word "impracticable" in relation to those under 12 years, the construction of the statutory provision makes clear that the type of accommodation in which the local authority propose to place the youth is not a factor which the custody officer may take into account in considering whether the transfer is acceptable. The Police will supply either the appropriate file, or if this is not yet available, sufficient information relating to the circumstances of the case and the suspect's antecedents to enable an application to be dealt with effectively. The argument was that something like a positive forensic analysis of an exhibit was not 'new' evidence as it was already in the possession of the police. 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. Where the nature of the investigation of the new offence is such that it is not practicable for the defendant to be placed before the court within 24 hours of an arrest for breach of bail, the police should delay the arrest under. 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. 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). If you fail to follow any of your bail conditions, you may be arrested and brought before the court. Those arrested before that date but after 3 April 2017 are subject to the previous provisions of PACE and this Annex deals with those provisions. The circumstances in which a re-arrest could take place were uncertain for many years. 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. In that case the bail amount is estreated (or forfeited). Assange will have to serve his sentence for breaching his bail conditions in the UK before being extradited, but any time he spends in a British prison after that on remand will be taken off any . 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. Murder Cases - section 115(1) Coroners and Justice Act 2009. 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. You may lose bail if you do not follow the conditions. Surety. 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. You will lose the money that you or your independent surety agreed to pay in the bail bond. 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. He was bailed until. Section 47ZE(5)(b) PACE does not specify what form this consultation should take. The decision as to whether bail is to be extended is for the qualifying police officer, not the prosecutor. The courts can only do this if they have evidence from a doctor that: you may be suffering from a mental disorder, and. 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). The medical practitioner providing the certificate may be required by the court to give evidence. The effect that the seriousness of the proceedings and the likely penalty of conviction may have upon the defendant. If you breach any of these conditions, you may be arrested and brought before the magistrates court. Custody Time Limits are dealt with elsewhere in the Legal Guidance. Note that the use of cash bail is declining in Canada . 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. In exceptional circumstances, they may use their discretion as to whether a warrant backed for bail may be appropriate. The Crown Attorney is still held to the same criminal standard, that being it must prove you breached a condition of your bail beyond a reasonable doubt. This guidance clarifies the roles and responsibilities of medical practitioners when issuing medical certificates in criminal proceedings.
