Summary SA3 Bail and Remands

22.12.2024


SA3 Bail and Remands

Adjournments in the Magistrates’ Court
Power to Adjourn
 Magistrates’ courts may adjourn proceedings before a Crown Court trial or before/during
a summary trial (MCA 1980, ss.10, 18).
 Adjournment may include fixing a time/place for the next hearing or leaving it to the
court's discretion.

Judicial Review of Adjournments
 Decisions to adjourn can be challenged via judicial review, but the High Court intervenes
only for compelling reasons (CrimPD 5.4.4).
 High Court is particularly slow to interfere with refusals of adjournments (R (CPS) v
Uxbridge Magistrates [2007]) unless:
 Error of law or principle, or
 Decision was plainly wrong (DPP v Petrie [2015]).
 Fair trial considerations may lead to a retrial if refusal causes injustice (Pari-Jones v CPS
[2018], R (Parashar) v Sunderland Magistrates' Court [2019]).

Statutory Provisions for Adjournments
 MCA 1980, s.10: Applies to summary offences and either-way offences post-mode-of-
trial determination.
 MCA 1980, s.18: Governs adjournments before allocation is determined (either-way
offences).
 Courts may remand the accused during adjournments:
 Mandatory Remand (ss.10(4), 18(4)): Required if the accused:
 First appeared in custody or after surrendering to bail.
 Was previously remanded during proceedings.
 Discretionary Adjournment Without Remand: Possible if the accused:
 First appeared in response to summons/requisition, and
 Has not been remanded at an earlier hearing.

Remanding the Accused
 Options for Remand:
 Custody: Detained until the next hearing.
 Bail: Released under conditions, per BA 1976.
 Accused appearing under requisition/postal charge may not be remanded unless
necessary (R (Iqbal) v Canterbury Crown Court [2020]).

Failure to Appear
 Not Remanded: No offence if the accused fails to appear, but:
 Arrest warrant may be issued.
 Proceedings may continue in their absence.
 Remanded on Bail: Failing to surrender without cause is an offence under BA 1976.

Fixing Dates
 No Remand: Next hearing date need not be fixed during adjournment.
 With Remand: Adjournment date must be fixed immediately and becomes the remand
date.

Time Limits Applicable to Remands in Custody and Applications for their Extension
Further Remands
 Repeated Remands:
 Magistrates may remand an accused multiple times before the trial begins (MCA
1980, s.128(3)).

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Max Lewis

, 22.12.2024


Magistrates can refuse adjournments if they deem it unjust, e.g., when a party fails to
prepare despite sufficient time.
 Alternate Magistrates' Court for Remands:
 Under s.130, the court may direct subsequent remands to a magistrates’ court closer
to the prison where the accused is confined.
 The alternate court retains the same powers as the original court regarding remand
decisions.

Remands in Absence
 MCA 1980, s.129:
 Courts may remand an absent accused for reasons such as illness or accident.
 Administrative errors preventing the accused’s production in court can qualify as
‘accidents’ (Hillman v Governor of Bronzefield Prison [2013]).
 Applies whether the accused is on bail or in custody.
 Granting Bail in Absence:
 The court may grant bail without the accused being present for reasons beyond
illness or accident, such as:
 Anticipation of a busy court schedule.
 Acceptable explanations for non-appearance.
 The court may enlarge recognizances of sureties, obligating them to secure the
accused’s attendance on the next hearing date.

Custody Time-Limits (CTLs)
 Statutory Basis: Governed by Prosecution of Offences Act 1985, s.22 and the Custody
Time Limits Regulations 1987 (SI 1987 No. 299).
 Designed to prevent excessive pre-trial detention and ensure proceedings progress
promptly.

Time-Limits for Custody
 First Appearance to Committal:
 70 days for indictable offences (Reg.4(2), 4(4)).
 First Appearance to Summary Trial:
 56 days for summary offences.
 70 days for either way offences if tried summarily, unless a decision for summary trial
is made within 56 days, in which case the limit is reduced to 56 days.
 Committal to Crown Court Trial:
 112 days from committal to trial (Reg.5(3)(a)).
 Section 51 Sending (CDA 1998):
 182 days from sending to trial in the Crown Court, with deduction for any custody
period in magistrates' court (Reg.5(6B)).
 Retrials and Voluntary Bills:
 Retrial: 112 days from indictment following Court of Appeal direction (Leeds Crown
Court, ex parte Whitehead).
 Voluntary Bill of Indictment: 112 days from the date of preferment of the bill (Reg.5(3)
(b)).
 Multiple Committals:
 For single indictments covering offences from different committals, the 112-day
limit applies separately to each offence (Reg.6(4)).

Extensions to Custody Time-Limits
 Grounds for Extension:
 Prosecution must demonstrate:
 Due diligence and expedition in case progression.
 Good and sufficient cause, such as unforeseen procedural or evidential delays.
 Examples: Witness unavailability, sudden illness of key individuals.

2
Max Lewis