Under s.50B PACE the College of Policing can issue guidance to assist officers in making decisions about pre-charge bail. Prosecutors must keep the issue of bail under review throughout the life of the case. Investigators will also need to consider what if any benefit will flow from the designation of a case as exceptionally complex. Requests for further evidence are defined as a "DPP request" in s.47ZL(12) PACE: a request by the Director of Public Prosecutions for the further information specified in the request to be provided before the DPP decides under s.37B(2) whether there is sufficient evidence to charge the person with the relevant offence. If the CPS has already received a file from the Police, the prosecutor should ask the Police to give their view of the application. In serious cases rather than release a suspect under investigation the Police will obtian permission to place a suspect on bail for a short period of time. Surrender has to be accomplished personally by the defendant. These include: In any case in which pre-charge bail is being considered under these provisions the investigating officer must seek the views of the alleged victim if it is reasonably practicable to do so. Section 7(3) Bail Act 1976 confers power upon a police officer to arrest a person if he has reasonable grounds for believing that that person is likely to break any of the conditions of his bail or has reasonable grounds for suspecting that that person has broken any of those conditions. Children's Services will take legal advice should we become aware of Mr -------- visiting the family home or moving back in without prior approval by the multi-agency core group implementing the child protection plan. Releases on bail under sections 34, 37(2), 37(7)(b) and 37(7)(c) PACE are subject to the pre-release conditions as above, as is a release following arrest for breach of pre-charge police bail (but not for terrorism offences, for which separate provisions apply). The most notable exception being for suspects bailed for a charging decision from the CPS under s.37(7)(a) PACE. Inmate to Defendant: What happens after you post bail. 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. The Criminal Procedure Rules 14.20 - 14.22 set out the process for an application. If the police want to extend it beyond this 4-month limit, they must apply to the Magistrates' Court, who will decide if there should be an extension of the bail period. The need to contact the Inspector and for the inspector to receive and consider representations may act as a significant disincentive to the future use of street bail, which is not widely used in any event. The risks are heightened in cases where the defendant is subject to recall to prison because the recall process can be lengthy, and it may not always be clear whether the defendant has been recalled for his original offence(s) when technical bail is being considered for the later matters. This information should be recorded by the prosecutor on the Prosecutor App or the electronic Hearing Record Sheet (HRS). 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. Pre-charge police bail can be imposed in a number of different circumstances including: It is for the police to decide whether a suspect is released with or without bail and if released on bail, whether any conditions of bail should be imposed. The decision as to whether bail is to be extended is for the qualifying police officer, not the prosecutor. A serious risk of harm to public safety and property might be demonstrated in an offence of arson with intent to endanger life or being reckless as to whether life is endangered, terrorist offences or riot. CrimPR 14.22 sets out the process for these applications. Criminal Procedure Rule 14.8 sets out what the Defence must include in its Notice of Application and how the Crown must respond. 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. The Court may impose any condition on the local authority remand that could be imposed under section 3(6) Bail Act 1976 and section 93(1) LASPO 2012. After the immigration bail bond is paid through either avenue, the immigrant will quickly be released from the ICE facility they are being held at. The prosecutor's reasons for adopting this course of action should be recorded fully on the file. Different exceptions will apply depending on the category of offence and the flow charts at Annexes One - Six set out the approach to be taken by the court in deciding whether to withhold bail to a person charged with a particular category of offence. Once you've entered all the necessary information, click the 'Calculate' button to get the results. Alternatively the court may exercise its discretion to disregard a certificate, which it finds unsatisfactory - R v Ealing Magistrates Court Ex p. Burgess (2001) 165 J.P. 82. The 2022 provisions apply to pre-charge bail for those arrested for an offence on or after 28 October 2022 (s.45(3) PCSCA). Applications are ordinarily determined by a single justice of the peace on written evidence with no attendance required. This means you'll be released from custody until your first court hearing. Annex One: Adult Offender: Indictable only or Either Way Offence, Annex Two: Adult Offender: Summary Imprisonable Offence, Annex Three: Adult Offender: Non Imprisonable Offence, Annex Four: Youth Offender: Indictable only or Either Way Offence, Annex Five: Youth Offender: Summary Imprisonable Offence, Annex Six: Youth Offender: Non Imprisonable Offence. 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). 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. Similarly, children aged 12 17 can be remanded to youth detention accommodation if they meet both sets of conditions outlined in LASPO 2012. Thereafter the Official Solicitor will deal with the CPS Unit Office. A Superintendent can extend bail from 28 days to three months, (from the bail start date). 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. to attend an interview with a legal adviser; to make him or herself available for enquiries and reports; that contain electronic monitoring requirements. The prosecutor will first consider and apply for a remand in custody and, thereafter ask the court to remand initially for up to 192 hours into police custody. An officer of the rank of police inspector or above authorises the release on bail having considered any representations made by the person or the person's legal representative. The Magistrates' Court - Simple Bail Structure - Card 6 - Youth Defendant: Non-Imprisonable Offence can be downloaded here. An inspector can extend bail from three months to six months, from the bail start date (s.47ZD PACE) and a superintendent can extend bail from six months to nine months (s.47ZDA PACE). Consideration should also be given to the extent to which they meet the objections to bail. The conditions, time limits and process that apply to police bail for further investigation under s.37(2)(b) PACE will lead to the release of some suspects without bail while an investigation continues. The SFO can also designate cases as exceptionally complex, extend bail and make applications to the court without reference to the police. Oral hearings (not in open court) may be requested. An appeal against the grant of bail (with or without conditions) to a youth will result in a remand to local authority accommodation without conditions pending the determination of the appeal. Section 114(2) Coroners and Justice Act 2009 provides that bail may not be granted to someone charged with murder unless the court is satisfied that there is no significant risk that, if released on bail, that person would commit an offence that would be likely to cause physical or mental injury to another person. The administrative challenges facing the police in monitoring the applicable bail period can be considerable. A full note of the Courts decision and the grounds for the decision; Where appropriate, the oral notice and the time it was given in relation to an appeal under the. 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'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. 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. This guidance is not intended to be exhaustive and each case will need to be decided on its merits after consideration of any representations made to the court and any other information which may become available. Every child remanded to youth detention accommodation is to be treated as looked after by their designated local authority as defined in Part 3 Children Act 1989. The prosecutor should consider the following when deciding whether to use section 5B: If the prosecutor decides to proceed with a section 5B application, the application must be made in accordance with Criminal Procedure Rules 14.5 and Criminal Procedure Rules 14.6. 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. the world. Dont include personal or financial information like your National Insurance number or credit card details. The nature and seriousness of the offence which the defendant faces is relevant if it illustrates the risk created by granting bail. Article 3 United Nations Convention on the Rights of the Child 1989 (UNCRC). The important difference is that the maximum period is 28 days unless extended by a "senior officer" of the rank of superintendent or above.