Charging

As soon as there is sufficient evidence to charge a person, the police must decide on an appropriate method of dealing with him or her. As an alternative to charging immediately, they can, for example, decide to defer charging, to caution, to deal with the matter by summons or to take no further action and release the person with or without bail. Where an immediate charge is appropriate the person may continue to be held in custody if the name or address furnished is considered suspect, if there are grounds for believing that detention is necessary for his or her own protection, to prevent harm to people or property, or if there is a risk that the person would otherwise fail to appear in court or could interfere with the administration of justice. When no such considerations apply, the person must be released with or without bail depending on the circumstances of the case. Where a person is detained after charge, there is provision in the Act for him or her to be brought before a magistrates' court quickly. This will usually be no later than the following day.

Under the Prosecution of Offences Act there is provision for statutory time limits on the period from arrest to the beginning of trial in England and Wales: time limits are in force in 13 English counties and throughout Wales and are to be phased in elsewhere with the aim of their being in force throughout England. The limits are 56 days from first appearance before magistrates to summary trial or 70 days to committal for trial in the Crown Court. The limit is 112 days from committal to taking of the plea in the case of the Crown Court.

Grant of Bail by the Court

It is a basic principal of the British criminal justice system that accused people should not be remanded in custody except where strictly necessary. Under the Bail Act, which applies to England and Wales, the court decides whether a defendant should be released on bail pending trial. Bail may only be withheld in certain specified circumstances, for instance, if the court has substantial grounds for believing that the accused person would abscond, commit an offence, interfere with witnesses, or otherwise obstruct the course of justice if released on bail. A court may also impose conditions before granting bail. If bail is refused, the defendant may apply to a High Court judge or to the Crown Court for bail, and application can be made to the Crown Court for conditions imposed by a magistrates’ court to be varied. The majority of people remanded by magistrates are given bail. There are 265 places in 16 bail hostels for people awaiting trial in England and Wales.

Date: 2015-01-12; view: 1543