If bail is approved by an Inspector under the pre-release condition the initial "applicable bail period" is 28 days under s.47ZB PACE. 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. 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. There is no maximum period of remand into custody in the Crown Court, where the judge is able to adjourn cases to the next stage in the proceedings. A qualifying prosecutor has designated the case as being exceptionally complex. What is Bail? | Court & Police Bail | DPP Law 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. A bail period does not begin in respect of the first release on bail and is suspended in any other case. Release on bail by the police for a charging decision by the CPS under s.37(7)(a) PACE (or a further release following an arrest for breach of bail by a person who has been bailed for a CPS charging decision under s.37C(2)(b)) is not subject to the time limits and restrictions introduced by the Policing and Crime Act 2017. 6,732 satisfied customers. In exceptional circumstances, they may use their discretion as to whether a warrant backed for bail may be appropriate. Any extension beyond three months requires the approval of the court (for periods of three or six months). 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. That officer is responsible for deciding whether bail should be extended from three to six months. to the court. For example, care should be taken to ensure that the interval between reporting times is not so long as to be insufficient to prevent a defendant from absconding. But for NON-BAILABLE offences, this doesn't mean that you cannot be released on bail. The court will have to designate a relevant local authority under s.92(3) LASPO 2012 and may also need to consider imposing conditions on any such remand (under s.93 LASPO 2012) pending the hearing of any appeal. The restrictions and time limits on bail do not apply to releases under s.37(7)(a) PACE for cases sent to the CPS for a charging decision. Therefore you can be convicted and sentenced for failing to . Breach of Bail. Qualifying prosecutors must make this decision based on a case by case basis: Investigators should contact the relevant CPS area or Casework Division to obtain contact details for qualifying prosecutors. If the court agrees, the police must release you once you sign the bail undertaking, though it may take a few hours to release . He was bailed until his court hearing on the condition he didn't contact his ex. The Bail Act 1976 applies to youth offenders and there is a presumption that the defendant has a right to bail, save for exceptions set out in Schedule 1. Where the defendant is arrested for a new offence and for breach of one or more bail conditions, the police must give consideration as to whether the breach of bail as well as the new offence should be placed before the court within 24 hours of the arrest. Bail should be reconsidered in the light of the failing to surrender, A separate penalty should be considered for the failing to surrender. You need to tell the police that you want to get this information. The police will be expected to provide evidence to support their assertion that the defendant has concealed drugs in his body and this will usually be in the form of an X-ray or other medical opinion, or observations of his conduct both before and after arrest. What happens if I don't follow my bail conditions? In Sumpter v Director of Public Prosecutions (6th July 2004, unreported), Treacy J. stated: "The preservation of the Habeas Corpus remedy in these circumstances is not to be regarded as a substitute route for the now abolished inherent right of the High Court to grant bail after a decision by the Crown CourtThe intention of Parliament plainly was to achieve a degree of finality in relation to Bail Act applications and decision making and the route which has been adopted today is not one which the court wishes to encourage.". The likely sentence could not of itself provide grounds for a remand in custody (. Add extra conditions; or. reasonable grounds. What Happens if you Breach your Bail Conditions in NSW? The prosecutor should be prepared to ask for time to make enquiries as to the sufficiency of the surety. Certain bail conditions can be challenged in court such as if they violate your human rights under Articles 10 and 11. 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. The court has no power to grant bail on condition that the defendant resides at the hospital and must remand the defendant in custody. 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. If the application is successful you can consider seeking a remand on bail with a condition of residence where directed by the local authority. Contact details for the MCHS (including out of hours contact numbers is available at https://www.gov.uk/guidance/noms-mental-health-casework-section-contact-list. What happens if break bail conditions? From the viewpoint of the defendant, bail decisions made by a Court can result in the deprivation or restriction of liberty for a substantial period of time. You may also have a defence to the charge against you. A liberation on undertaking involves a person being subject to bail conditions. It is an offence to breach any conditions of your bail. Because of that, CPS East, 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. 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. Breach of bail when out on bail. What happens if I break the rules of bail in Ontario? A remand into youth detention accommodation should only be sought where the conditions set out in either section 98 or 99 LASPO 2012 are met (section 91(4)(a) LASPO 2012). It is important you understand and follow all your bail conditions. In exceptional cases where there is a material change in circumstances, the prosecutor can ask the court to withdraw bail that has previously been granted see section 5B Bail Act 1976 and R (Burns) v Woolwich CC and CPS [2010] EWHC 3273. This freedom comes with a lot of strings attached: If a defendant violates bail conditions, fails to show up in court, or gets arrested again, the judge can revoke the defendant's bail and put the defendant back in custody.After revocation comes forfeiture of the bail money or bond. The Bail (Amendment) Act 1993 applies to youth offenders charged with, or convicted of, offences punishable (in case of an adult) with imprisonment and in respect of whom the prosecutor has made representations that they should be remanded to local authority accommodation, or youth detention accommodation under the provisions of sections 98 or 99 LASPO 2012. 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. The CPS may want to assist in designated cases involving highly sensitive material (see the section Dealing with 'specified' sensitive information). If you breach any of these conditions, you may be arrested and brought before the magistrates court.
