in order to be an effective cautioner you will need to persuade the Tribunal [the court where the bail hearing will take place] that you are able to exercise some influence over the bail applicant and that you will encourage them to comply with their bail conditions. If bail is refused to a child the court must remand him or her to local authority accommodation, (s. 91 LASPO). You might also be asked questions about your income, any benefits you receive, and your living arrangements…. In coming to that decision, the court must have regard to the nature and seriousness of the offence, the suspects character and antecedents and his record in relation to previous grants of bail. While the decision to grant bail is ultimately for the court, prosecutors should be prepared to object to technical bail where satisfied that one or more grounds for withholding bail has been made out. However where a person has been convicted and is then brought before either the magistrates' or Crown Court to be dealt with for breach of the requirements of a community order or breach of certain youth community orders (s. 4(3)); or a court adjourns a case for enquiries or a report (such as a pre-sentence report) to be made in order to assist the court in dealing with the offence (s. 4(4)), the right to bail remains. The defendant is remanded in custody and should remain in the cells, pending the giving of the notice. For example, you may be asked in-depth questions about your financial and living arrangements, and whether you can afford to be a cautioner. In practice, this application will only be made in circumstances where the police are in a position to charge the offender and it is anticipated the maximum period of 96 hours under PACE will not be sufficient for the defendant to pass swallowed or concealed drugs from his body. Such advice will normally be provided under the Full Code Test of the Code for Crown Prosecutors prior to the suspect's return. 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. 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. By inference the presumption to bail does not apply to those defendants who appear before a court post-conviction where proceedings are adjourned for any other reason, for example committal for sentence. It's a hostile environment. People in court sometimes use the expression “release on bail” or “release on recognizance”. The length of time since the original decision and the bail history since that decision; The length of time before the defendant would next appear in Court if no applications were made; Whether the original decision would have been different if the new information had been available then (or if the new circumstances had obtained them); Whether, even if the original decision would have been different, a different decision is likely to be taken now. Right to Remain relies on grants from charitable trusts and on donations from people like you. The prosecutor may apply under s. 5B of the Bail Act 1976 to have bail reconsidered by the magistrates' court. The Court need not impose the conditions if it is content that satisfactory reports have already been obtained. 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 (s. 37 CDA), when considering representations in respect of bail. Bail can often last for a number of months, so the Tribunal judge will want to see evidence that you have enough room in your house and a regular income that you can use to help support the person released on bail…. Details of the hospital where the defendant is being treated so that the MHCS can send the hospital the appropriate form to complete and ensure that they understand the process. A surety must prove they can provide the amount fixed by the court. Prosecutors are also reminded to ensure that victims are informed of bail decisions especially in cases involving 'vulnerable' and 'intimidated' victims and witnesses. An electronic monitoring requirement may only be imposed on a youth aged 12 to 17 inclusive if the following conditions are satisfied: 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 - s. 3(8) of the Bail Act 1976. When a defendant fails to appear at Court, the prosecutors should generally apply to the Court for a warrant without bail. Immigration detention is the government policy of locking up people who do not (yet) have leave to remain in the UK, or whose leave to remain has expired. If necessary, the defendant should be produced in court within the two hour time limit in order to effect personal service of the written notice. Research by IBOPS showed that people applying for bail with a cautioner were twice as likely to be granted bail than applicants without. 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. It continues to be police bail and the procedure for applying for the variation is set out at: In cases involving criminal damage where the court is clear that the value involved is less than £5000, these offences are treated for the purposes of bail as if they were summary only: see Section 22 of the Magistrates' Courts Act 1980. He left before his case was called and was convicted of failing to surrender. If the person is found guilty of breaching the court order, the Crown may ask the court to make you pay the money you committed as a surety. Proceedings under s. 7(5) do not preclude a defendant who is remanded in custody from making an application for bail to the Justices, or to a Crown Court or to a Judge, as appropriate. The prosecutor may only apply on the basis of information which was not available to the court or the police when the original decision was taken. A surety agrees to pay an amount of money to the court if the accused person doesn’t show up for their next court hearing. R. 65. Therefore, the money you pay needs to be an amount that you would not want to lose. On the other hand the right of appeal should not be used simply because the defendant has no fixed address or settled way of life, particularly where this may be coupled with mental health problems (unless accompanied by genuine indications of danger to the public). Your donation will help us to help people in their struggle for the right to remain in the UK, and to campaign for migration justice, Your email address will not be published.
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