Bail Applications and Remands in Custody 

You may take the view that you are an experienced practitioner and that there is little to learn from a presentation concerning bail applications and remands in custody.

I am going to pose 3 simple questions – if you can answer them without hesitation, this is most certainly NOT a presentation to you.

Q1 – From case-law – what representations could you make to the Court for a child or young person charged with murder that you could not make for an adult?

Q2 – Your client turns up on bail today – it is the first listing, bail having been granted to him by the Police – can the Prosecutor apply for him to be remanded in custody today?

Q3 – Does the fact that your client has a previous conviction for manslaughter take away his presumption in favour of unconditional bail today?

I spent a lot of time in Court and I was amazed at how many practitioners simply did not know the law in relation to bail applications and remands in custody – I have had Legal Advisers and Prosecutors telling me that I cannot make a bail application on a Saturday morning in relation to a Crown Court warrant in circumstances where I clearly can.

This presentation is partly academic (I hate that word!) but will mostly concentrate upon those matters likely to cross your path in Court when dealing with the issue of bail.

 

​Content

The following 25 items will be explored during this presentation:

1 – The seriousness of the offence not being a ground for withholding bail

2 – The importance of Section 25 of the CJPOA 1994 – much misunderstood!          

3 – The client charged with murder – the situation in the Youth Court

4 – The bail position of the client attending upon a Requisition

5 – A level playing field or the Crown’s case taken at its highest??      

6 – Common-law duties of disclosure upon the CPS to assist with bail applications

7 – The bail position under the Domestic Abuse Act 2021

8 – Committals for sentence for bail offences under the Sentencing Code 2020

9 – The structure of a bail application

10 – The legal test for remanding in custody or granting conditional bail

11 – An explanation of the presumption in favour of unconditional bail

12 – The clients for whom the presumption in favour of bail does not exist

13 – The number of applications for bail which may be made in the proceedings

14 – Remands into the care of the Local Authority – Children and Young People

15 – Remands into Youth Detention Accommodation – Children and Young People

16 – Escape from lawful custody – is this an additional case with an additional fee?

17 – The 24-hour rule in relation to breach of bail conditions

18 – Qualifying Curfews of 9 hours or more per day monitored by a tag

19 – The Bail (Amendment) Act 1993

20 – Bail (or not!) at the Police Station stage

21 – Judge in Chambers – do you need Rights of Audience?

22 – The concept of the ‘reasonable excuse’ in bail proceedings generally

23 – Remanding in custody – the periods available to the Court on an adjournment

24 – Variation of bail conditions – Magistrates’ Court and Crown Court

25 – Putting things right when they go wrong! – Magistrates’ Court and Crown Court