Certain exceptions to bail are subject to the "no real prospect" test where a remand should not be sought for an un-convicted defendant who has no real prospect of receiving a custodial sentence. 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. In determining whether releasing the person on bail is necessary and proportionate in all the circumstances, the custody officer must have regard in particular to the factors set out in s.50A(2) PACE. A bond is posted on a defendant's behalf, usually by a bail bond company, to . The CPS should note that the importance of seeking the views of the police and any identified victims as to any proposed conditions and should ensure that these applications are brought to the attention of the police as soon as possible. It is vital that grounds for objecting to bail and the reasons for court decisions are accurately recorded by both the Crown and the Court. Breach of conditions usually allow a party to sue for damages as well as rescission/termination of the contract. The qualifying officer is responsible for: Section 47ZE PACE does not define what might amount to an "exceptionally complex case". An example of a non-bailable offence is murder; and. The police can set a shorter bail return date for the return of the suspect to the police station before then, but the initial applicable bail period will always be three months (save for Serious Fraud Office cases and certain other cases, for which see the section below on Other Investigators). If you breach your bail (which means if you fail to attend court or disobey your bail conditions) then you may be arrested and brought back. The questionnaire should be properly completed by a Prosecutor and returned to the office of the Official Solicitor. See s.30A and 30B PACE for more detail about street bail. Conditions of bail may only be imposed where necessary to ensure that the exceptions to bail are addressed. The procedure is that the defendant completes the appropriate Home Office form and the Prison or Remand Centre should send the form to the Official Solicitor and a copy, for information, to the local Crown Court Centre. Murder Cases - section 115(1) Coroners and Justice Act 2009. Surety. Conditions that are unsuitable may give rise to a continuing risk of further offending, of absconding, or of harm to the victim(s) or public and prosecutors should be prepared to challenge their imposition or seek further evidence from the police before acceding to them, should they have any concerns. 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 (usually known as a release without investigation or RUI). The Magistrates' Court - Simple Bail Structure - Card 1 - Adult Defendant: Indictable Only or Either-Way Imprisonable Offence can be downloaded here. PACE makes specific provision for the Serious Fraud Office, HM Revenue and Customs, the National Crime Agency and the Financial Conduct Authority. Complete Guide to Bail Applications in NSW | Astor Legal
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