Bail

[Happy2408]

Hi a friend of mine is due in magistrate's court Friday he's been on bail since last December his solicitor has said he get bail again till it goes to crown court I don't understand why it goes there first if it goes to crown so does anyone know is it right he get bail till the trial starts

[jackthehat]

There's no point in convening a Crown Courtroom to deal with a simple matter of a bail-hearing.

I think the second part of your question has been dealt with in your previous posts.

[EDDIE51]

All cases, even murder, start at magistrates court.
It is part of the role of magistrates to issue and renew bail until the case it heard . He will continue to be given bail until the case does eventually get to court, so he will continue to have to attend at magistrates to keep renewing bail. Bail can only be issued for 28 days at a time. Unfortunately Crown courts are very fully booked so it can be months or sometimes a year or more before a case gets heard.

[nailit]

// Unfortunately Crown courts are very fully booked//
I really must stop taking up their time EDDIE, lol. ;-)

[nailit]

//Bail can only be issued for 28 days at a time//
I'm a bit confused here EDDIE. When I was going through my own bit of carp 4 years ago, I was bailed to crown court...from mags...but didn't have to attend mags court every month, and it took 10 months to come to trial at crown

[EDDIE51]

^ There has been a recent change to the bail rules nalit.
It is supposed to only last for 28 days max now, so you have to go before a magistrate every 4 weeks.
https://www.gov.uk/government/news/28-day-pre-charge-bail-limit-comes-into-force

[nailit]

Cheers EDDIE, bit of a farce that is! Thought they were short of money and time as well...

[Davemano]

Thought that he'd already been charged.

[EDDIE51]

^ yes, he says he has been charged but the same rule applies he is waiting for the crown court trial to start, so it's pre trial bail. . If they did not keep bailing him he would have to be set free.

[Davemano]

The link relates to pre charge bail or Police bail, which is not the same.

[EDDIE51]

Yes, but the same rule now applies to pre trial bail, it has changed in the past few months.

[Davemano]

The pre charge bail amendment came into force 6 months ago. The link gives nothing for post charge.

[EDDIE51]

Then post charge bail has not changed, it has always been the case that there can be a long time , sometimes over a year,between the initial charge in magistrates and the actual trial at Crown. So bail has to be continued for that time. I heard of one case where the defendant was waiting over 3 years from charge to trial.

[New Judge]

“There has been a recent change to the bail rules nalit.
It is supposed to only last for 28 days max now, so you have to go before a magistrate every 4 weeks.”

To iron out any confusion, the change referred to is to pre-charge (or “police”) bail. That is now limited to 28 days but an officer at Superintendent level or above can extend that to three months. If bail is required beyond that it has to go before Magistrates.

Following charging a Magistrates’ Court can remand a defendant on bail for any period it thinks fit. Very often summary trials (i.e. those taking place in the Magistrates’ Court) are held some three or four months - or even longer - after a not guilty plea has been entered. One bail notice is served on the defendant to return at the appointed date and no appearances are required in the intervening period. The same applies to matters sent to the Crown Court, though the Crown Court usually holds a “plea and directions” hearing before the trial and the defendant will usually be remanded on bail until then. Only when the defendant is remanded in custody does he have to make regular appearances (either in person or via a video link) to have his remand reviewed by the court.

[Davemano]

Thank you NJ. I think Eddie was getting the wrong impression with his link, which quite clearly was of no relevance in this case. Also suggested, quite wrongly, that there had been a recent update to include pre-trial bail.

[Peter Pedant]

are you really asking us if the rules are being followed ?

Yes the rules are being followed - and as for them making sense - forget it.

[New Judge]

What's senseless about the bail procedures then, Peter?