2/20/2023 0 Comments Youth guidance![]() ![]() For more detail see guidance below on Pre-Charge police bail after 3 April 2017. Bail granted in these circumstances is NOT subject to time limits and levels of authority. In order to obtain this advice, the police may release a suspect on bail to return to the police station at a future date and may impose conditions on that bail (section 47(1A) PACE).See section 37B PACE and the Director's Guidance on Charging for guidance and procedure relating to the provision of charging advice by the CPS.Where the police consider that there is sufficient evidence to charge, but the matter must be referred to the CPS for a charging decision (section 37(7)(a) PACE).Where section 34 PACE is cited (for example, where detailed and lengthy investigation is required and no assessment of the evidence can be made), no conditions of bail can be imposed - see R (on an application by Torres) v Metropolitan Police Commissioner EWHC 3212. Bail granted in these circumstances is subject to time limits and levels of authority set out in more detail below (Pre-Charge police bail after 3 April 2017). When bail is granted conditions of bail can be attached where necessary to prevent the suspect from failing to surrender, offending on bail, interfering with prosecution witnesses or otherwise obstructing the course of justice, or for his own protection. Where section 37(2) PACE is cited and the custody officer has authorised the release of the suspect, having determined that there is currently insufficient evidence to charge, he may be released pending the obtaining of further evidence with bail where the pre-conditions for bail are satisfied or without bail (release under investigation) where the pre-conditions for bail are not met.Where it is no longer necessary to detain a suspect to secure or preserve evidence or obtain it by questioning, yet the police are not in a position to charge, the suspect must be released, but it is open to the police to release him on bail or without bail where there is a need for further investigation of any matter for which he was detained.Where there is as yet insufficient evidence to charge a suspect and he is released pending further investigation (sections 34(2), 34(5) and 37(2) of the Police and Criminal Evidence Act 1984 (PACE)).These standards and much of the guidance below will apply whether the question of bail is before a magistrates' court, a Youth Court, a Crown Court or the High Court. It is also vital that the reasons for opposing bail, representations made by the Defence and the decisions of courts are recorded on the case file or CMS. ![]() It is vital that Prosecutors recommend the appropriate course of action to a Court in connection with bail and that sufficient comprehensive information is available to a Court in connection with the decision whether or not to grant bail. "Opposing bail where it is appropriate to do so, taking account of the risk posed to victims, the public and the course of justice." "Continually reviewing the remand status of defendants, and ensuring that custody time limit cases are dealt with in accordance with the national standard.Ĭustody Time Limits are dealt with elsewhere in the Legal Guidance.Ī benchmark of the quality of CPS case presentation is that we are: It is for these reasons that the Crown Prosecution Service has included the way in which these decisions are made as a benchmark of the quality of our case management and preparation in our Casework Quality Standards.Ī benchmark of the quality of CPS case preparation is that we are: The results of these decisions can have far reaching consequences for victims of crime and the public in general.įrom the viewpoint of the defendant, bail decisions made by a Court can result in the deprivation or restriction of liberty for a substantial period of time. The decisions on bail, in criminal proceedings, represent an important stage in the prosecution process. Bail Applications involving the Official Solicitor.Appeals in relation to Grant of Bail - by the Prosecutor.Defendants with Mental Health Conditions and Disorders.Remands to Youth Detention Accommodation.Remands to Local Authority Accommodation.Detention in Police Custody for Drug Offenders: s.152 CJA.Detention in a Police Station – post charge: s.128(7)(8) MCA.Warrants of Further Detention – pre-charge: s.43 PACE.Credit for Period of Remand on Bail with an Electronic Tag.Opposing Bail: Information for prosecutors.Variation of Police Imposed Bail Conditions. ![]()
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