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Law 9084

Bail – Pre Trial Procedure

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Bail – Pre Trial Procedure

Bail – Pre Trial Procedure 

All criminal offenses must then be brought to the Magistrates' Court. However, it is rare for a trial to be decided at the first hearing, while it is common for small charges to be dealt with at that stage. That will probably happen if the defendant pleads guilty and is either professionally assisted or does not want to seek legal counsel. There is a specific process for certain driving charges, which requires the suspect to plead guilty by letter, meaning that no appearance at the trial is required. And in these situations, the magistrates can continue to delay the trial in order to collect more details about the offender.

1. Categories Of Offences

The sort of offence, which is being handled with, impacts the type and number of pre-trial proceedings where the final trial will be held. Criminal charges are classified into three primary groups. These are the following:

a. Summary Offences

These are the least severe offences that are often prosecuted before the magistrate’s court. These cover nearly all traffic offences, serious abuse and criminal harm that have done fewer than £ 5,000 worth of injury. Anyone who commits a summary offense usually faces a fine or community service. However, even if it is a summary offense (falling into the category of triable either way offenses), the chances are that the magistrate will send your case to the crown court.

b. Triable-Either-Way Offences

These can be considered to be the center spectrum of crimes, include a wide variety of crimes, like theft and assault, which actually cause physical harm. Because the name suggests, these lawsuits can be taken to either the Magistrates' Court or the Supreme Court.

c. Indictable Offences

Those are the most serious offences, including homicide, kidnapping and rape. Any indictable offenses will be heard before the crown court, although the first examination will be in the Magistrates' Court. The dispute is then referred to the crown court. With indictable offenses, the defender may have to face imprisonment with a fine. It is very serious, and the English legal system does not take it lightly.

2. Pre-Trial Procedure For Summary Offenses

Cases may be dealt with at first arrival in Court, although sometimes an adjournment will be required. That may be that the Crown Prosecution Service did not provide all the evidence available to prosecute the trial, or that the complainant requested legal counsel. Another justification for adjournment of the trial is that the magistrates provide pre-punishment reports of the person who pleads guilty before determining what punishment of implement. When the defendant wants to argue not guilty, there will nearly certainly have to be an adjournment, because the evidence would have to be called to the trial. One of the key issues to be determined on an adjournment is that the suspect will be put on bail or in detention.

Early Administrative Hearings

In order to eliminate excessive disruptions, the first hearing is now an early administrative hearing (EAH). The trial can be held by a single lay judge, or perhaps by the clerk of the Court. The aim of the proceeding is to figure out if the defendant wishes to qualify for legal assistance and, if so, to figure out if he is qualified for it; to seek pre-sentence or psychiatric records if they are appropriate and to determine if the defendant will be held in jail or on bail. There is a restriction on the powers of the clerk in this case, as the clerk can not alter the terms to which bail has already been issued.

3. Cases Going For Trial At The Crown Court


Triable-Either-Way Offenses

For these, there will be further hearings at the Magistrates' Court. The defendant will be asked whether he pleads guilty or not guilty. If he pleads not guilty, then a decision has to be made as to whether the case will be tried in the Magistrates' Court or the Crown Court

Indictable Offences

Certain indictable offenses shall be sent to the Crown Court directly pending an early disciplinary trial in the Magistrates' Court. Such pre-trial proceedings are dealt with by a magistrate at the Supreme Court.

4. Bail

The critical pre-trial question to be resolved is that the defendant will stay in prison while pending prosecution or if bail will be issued. An individual can be released on bail at any time after being detained by the police. Being given bail means that the person should be allowed to remain at liberty until the next stage of the particular instance.

4.1 What Is Bail?

Once you've been arrested, you will be freed on bail at the police precinct. It ensures that you're likely to be free to go home before the trial listens. If you are given bail, you may have to agree to terms such as:

i. You are still living at the same address as before
ii. You do not try to contact or reach out to some people like the claimant
iii. Handing over your UK passport to the police, so you do not leave the country before the Court's verdict
iv. Reporting at the police station at the decided time, for example, after ever two days, a week or ten days later.
v. If you do not comply with these terms, you can be imprisoned again and taken to prison to stay before your court proceedings. 
vi. If you participate in a hearing before a magistrate's court, you may be given bail again till your trial starts.

4.2 Police Powers To Grant Bail

The police can release a defendant on parole whilst undertaking further investigations. It ensures that the defendant is released from police detention under the basis that he or she reports to the police department for a certain date in the future.

The police may even grant bail to a suspect who has been accused of a crime. Under this scenario, the suspect is bailed free to appear at the nearest Magistrates' Court on a specific date. The determination on whether or not to issue bail is provided by the detention officer according to s 38 of Rate, as amended by the Criminal Justice and Public Order Act 1994. The custody officer may keep refusing bail if the home address of the suspect can not be found, or if there is a reason to think as to whether the home address given is accurate.

Aside from that, the usual rules as to whether bail will be issued apply. Such requirements are laid out in the Bail Act of 1976 and are set out in the portion. If any person awarded bail by the police keeps failing to surrender to that bail (i.e., attending the next phase of the case), the police shall be given the right to detain them.

4.3 Conditional Bail

The Criminal Justice and Public Safety Act 1994 granted the police the right to enforce limitations on the issuing of bail. Examples of terms involve requiring the perpetrator to forfeit his passport, to return to the police department at regular hours, or to allow another citizen to speak up for him. Such provisions should only be enforced in order to ensure that the defendant surrenders on parole, does not perform an offense while on probation, and does not communicate with the prosecution or intervene in any other manner with the administration of justice.

4.4 No Police Bail

Where a person has been charged with a crime, the authorities are not allowed to grant parole; they must put the suspect to the Magistrates' Court at the earliest practicable moment. If (as is generally the case) the magistrates can not cope with the entire matter at the initial trial, the magistrates will instead make a determination as to whether the suspect will be granted bail or held. The problem as to whether bail can be issued can even be addressed by the Court at some later point of the criminal trials.

Statistics released by the Home Office suggest that the bulk of people arrested are called to trial rather than convicted. This ensures that the question of parole or detention is not relevant; they are immediately issued. Of those arrested, approximately five out of six are released on bail by the police awaiting legal hearings, and in reality, only a limited percentage of suspects are refused bail by the police. In these situations, the courts must determine whether to issue bail.

4.5 The Bail Act 1976

It is a key activity, beginning with the presumption that the convicted party will be given parole, as this privilege is restricted in some situations. Section 4 of the Bail Act 1976 provides a standard right to bail, but the Court does not issue a bail to the criminal until it is convinced that there are reasonable reasons for assuming that the suspect until released on bail, would:

Does not report to custody
Commits another, any kind of offense during their time on bail
Interfere with the parties, witnesses, prosecutor, or anyone that is not allowed.

The Court can still deny bail if they have grounds to believe that the defendant must be held in jail for their own safety.

When determining whether to issue bail, the Court must weigh a variety of considerations, including:

Determining how serious the case is and in what nature does the proceedings fall into (and the probable method of dealing with it).
The character, antecedents (that is, past record), links, and relations with the community
The defendant's record of upholding the satisfaction of his duties under prior grants of bail in felony proceedings; in other words, whether or not he had been remanded (remanded on jail) on certain occasions.
How strong is the evidence that the police has collected against the defendant. 

When the defendant is charged with a crime that is not punished by incarceration, parole may only be denied if the defendant has not already submitted to parole, and there are reasons to assume that he would not submit on this point. If there is no real prospect of a custodial sentence being handed down to the defendant if convicted, that defendant must be granted bail.

The Court can render the requirements appropriate for the granting of bail. These are close to the requirements that may be imposed by the police, which could require the submission of a passport and/or a visit to a police station. The Court could often render a provision as to where the prisoner will live when on parole; this may be at the home address or at a parole inn.

4.6 Sureties

The Court (and the police) may necessitate a bail guarantee. A security officer is any individual who is able to agree to give a certain amount of money to the judge if the suspect refuses to come before the trial. This promise is known as a recognizance, and the no money will be charged if the defendant complies with all the conditions and does not fail any. The scheme is distinct from that in other nations, in particular the USA, where the probation officer will refund the money to the Court until the suspect is released on bond, but receives the money back after the suspect returns to trial as necessary.

4.7 Renewed Applications And Appeals

Usually, only one more application could be made to the magistrates if there is a change in the situation. The defendant may appeal against such a refusal to grant bail. Such an application shall be made to the president of the Crown Court. The defendant, who has been sent to the Crown Court for trial, may also apply for bail there.

5. Restrictions On Bail

The right to freedom is a human right, and therefore the right to bail is part of that right. This means that, even for serious crimes, bail must be available in appropriate cases. For such cases, though, the public must be secured against a possibly unsafe attacker. Under these cases, the right to bail is restricted.

5.1 Repeat Serious Offenses

If an individual is facing a murder trial, attempted murder, homicide, trial for rape or for attempted rape and has already completed a custodial sentence for a related crime, they are only eligible to parole if the Court considers that there are extraordinary circumstances.

5.2 An Offense Committed While On Bail

When the defendant who is 18 years old or elder, was on parole while the suspected crime was performed, subsection 14 of the Criminal Justice Act 2003 amends the Parole Act of 1976 to read as follows:

'he may not be granted bail unless the court is satisfied that there is no significant risk of his committing an offense on bail (whether subject to conditions or not).'

19.3 Restrictions On Bail For Adult Drug Users

Section 19 of the Criminal Justice Act 2003 modified the Bail Act 1976 to provide for limitations on parole for adult prisoners who have tested positive for identified Class A substances where:

The offender is fined with either possession or possession with the intention of supplying a Class A drug or with a Class A drug.
The Court is convinced whether there are reasonable reasons for assuming that the abuse of a Class A substance-induced or led to the crime, or that the violation was prompted, in full or in part, by the expected abuse of that product, and
The offender also failed to consent to engage in the evaluation or follow-up regarding its dependency on or willingness to abuse listed Class A substances.

Such a convict cannot be given parole until the Court is assured that there is no substantial danger of him performing a parole violation (whether subject to terms or not).

6. Prosecution Appeals

Where the individual is given bail, the prosecution shall have the option to appeal against the ruling to the president of the Supreme Court.

6.1.1 Balancing Conflicting Interests

The challenge is that the criminal justice system must weigh the competing desires of the individual (who at this point is deemed innocent and entitled to his liberty) against the requirements of the public to be safe from possibly violent offenders. For this purpose, the drawback of bail is set out in the section above.  These are several ways of attempting to guarantee that the person who is bailed out has not re-offended. The first is the availability of bail hostels, where the prisoner may stay whilst on probation. The second is the usage of electronic marking for people who are on trial. It helps the police to learn whether certain terms applied to the bail, like not heading to a specific place, have been violated.

This is claimed that so many prisoners are refused bail because around 9 percent of those in our jails are suspects who have not yet been charged but are currently held in custody. Most of them would be deemed not guilty, but will not be entitled to any reward for the period spent in detention.  However, where the offender is eventually proven liable, figures suggest only 20% of them face noncustodial sentences. All criminal offenses must then be brought to the Magistrates' Court. 

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