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Summary SGS 4 Criminal Litigation LPC (Bail, Plea Before Venue and Allocation of Trial) Lecture, SGS and Solution Notes and Exam Structure (High Distinction)$4.67
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BPP University College Of Professional Studies Limited (BPP)
LPC
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Summary SGS 4 Criminal Litigation LPC (Bail, Plea Before Venue and Allocation of Trial) Lecture, SGS and Solution Notes and Exam Structure (High Distinction)
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LPC
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BPP University College Of Professional Studies Limited (BPP)
This document provides the user with how to structure a PBV hearing and bail question in the criminal litigation exam on the LPC. It also weighs up the pros and cons of crown court and magistrate court trials. This also provides an exam structure for a plea before venue allocation of trial and bail...
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SGS 4 Criminal: Bail, Plea Before Venue and Allocation of Trial
Bail
- The release of a person subject to surrender to custody at an appointed time and place (Bail act 1976)
- Magistrates can remand D on bail with or without conditions
- General right to bail at all appearances before the Crown or Mags s.4 Bail Act.
Exceptions to the Right to Bail
- Section 4 provides a right to bail but bail may be refused if the court finds that there is an exception (under Schedule 1 Part 1 Bail
Act)
1. Schedule 1 Part 1 Bail Act (exceptions to not grant bail)
Paragraph 2
- Magistrates must have substantial grounds to believe the D to do the above and whether this exists is a question of fact. They will
consider paragraph 9.
- Mags have an inquisitorial role here and may ask the parties questions or insist that sureties are called to give evidence of their
means and relationship with D.
The D need not be granted bail if the court is satisfied that there are substantial grounds for believing that D, if released on bail
(whether subject to conditions or not) would do any of the following:
a) Fail to surrender to custody (would not return to court);
b) Commit an offence while on bail (will reoffence while release); or
c) Interfere with witnesses or otherwise obstruct the course of justice whether in relation to himself or any other person
(witness interference, evidence destruction)
Paragraph 2A
- Magistrates do not require substantial grounds for believing these
D need not be granted bail if:
a) The offence is an indictable offence or an offence triable either way; and
b) It appears to the court that he was on bail in criminal proceedings on the date of the offence
2. Paragraph 9 Bail Act factors for determining substantial grounds
a) The nature and seriousness of the offence or default (and the method of dealing with D)
- This is because D may abscond if he knows he will get a hefty sentence
b) The character, antecedents, associations and community ties of D
- Antecedents = previous sentences which make a custodial sentence more likely
- Character = drug addictions etc
- Associations = friends/associates with criminal records
- Community ties = how easily D could abscond. If he is married with kids and a job he is less likely to run than if he has no home.
c) D’s record as respects the fulfilment of his obligations under previous grants of bail in criminal proceedings
- Has D absconded in the past? Has he committed previous offences whilst on bail?
d) The strength of the evidence against D
- A D who knows there is a good chance of him being acquitted is arguably less likely to abscond than one who anticipates
conviction
e) If the court is satisfied that there are substantial grounds for believing that D if released on bail would commit an offence
whilst on bail… as well as to others which appear to be relevant
- This is a catch all provision and the considerations in para 9 are not exhaustive.
- Such as the witness has already been intimidated or is known to D and could easily be contacted if D were released on bail.
1
, SGS 4 Criminal: Bail, Plea Before Venue and Allocation of Trial
3. Suggested Bail Conditions if Released
- Conditions are often attached but the court must consider them to be relevant, proportionate and enforceable.
- These are primarily considerations for the defendant’s lawyers to propose.
- If bail is denied, the court must give its reasons
Examples:
i) Residence – to live and sleep at a particular address (to reduce the risk of him absconding)
ii) Reporting – report to a police station to keep track on the individual defendant (to reduce the risk of him absconding)
iii) Exclusion – not go to a certain area, restricts movement of D to stop the chance of interference with witnesses/more crime
iv) Non-contact – to not contact/interfere with witnesses (victim/prosecution) either directly or indirectly
v) Curfews – remain indoors during certain hours for crimes such as night-time burglary. Time has to do with pattern of
offending.
vi) Electronic tagging/monitoring – tracks D’s movements to reduce risk of failure to surrender
vii) Bail hostels – if D does not have a fixed address, he can stay here and comply with rules of the hostel such as no
drink/drugs.
viii) Surrender of passport – so D cannot flee aboard if they have a history of leaving the country/are well connected
ix) Sureties – third party promises to give money to the court on behalf of D if he fails to surrender/absconds
x) Deposit of security – D or a third party deposits money or a valuable item to court or a the police station which is forfeited if
D absconds/FTS. S
Consequences of D absconding
- Will be arrested and will face difficulty persuading the court that he should be readmitted on bail
- It is also a separate offence to FTS without reasonable cause.
- Summarily, D is liable to imprisonment up to 3 months and/or an unlimited fine.
- Indicatable, treated as if he had been guilty of contempt of court and liable up to 12 months and/or an unlimited fine
Consequences of D failing to abide by conditions
- Not a second offence unless FTS but runs the risk of having his bail conditions tightened or being remanded in custody.
Structure- Bail
1. section 4 Bail Act 1976- right to bail.
2. Is paragraph 1A relevant?
- Usually does not apply
- Is there substantial grounds to believe that D would FTW, CFOB, IWW?
3. Set out the relevant exception in Scheudle 1 Part 1 ie there must be substantial
ground to find that the exceptions apply.
4. FTS para 2(1)(a)- apply the appropriate parts of para 9 to support the application for
prosecution and/or defence
5. CF0B para 2(1)(b)- apply the appropriate parts of para 9 to support the application
for prosecution and/or defence
6. IWW para 2(1)(c)- apply the appropriate parts of para 9 to support the application
for prosecution and/or defence
7. Are bail conditions appropriate? Must be both relevant and proportionate
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