Bail application with surety and protective conditions
D is 34 and charged with assault occasioning actual bodily harm against his ex-partner. The complainant says D threatened to kill her and grabbed her throat. D has two previous convictions for breaching non-molestation orders. He has a job and has never failed to surrender to bail. At the bail hearing, the prosecutor opposes bail, citing risk of further offences and interference with the complainant. D proposes to live with his mother two miles away, offers his mother as a £5,000 surety, and agrees to an electronic curfew, a no-contact condition, and reporting to police. The magistrates must decide bail. D's mother has no previous convictions but has limited English.
1. Assess the strength of the prosecution objections and the likely bail decision.
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Exceptions. Under Bail Act 1976 Sch 1 para 2, bail need not be granted if there are substantial grounds for believing D would commit further offences, interfere with witnesses, or fail to surrender. The previous breaches of non-molestation orders and the threat to kill are strong indicators of risk to the complainant. The court must also consider the nature and seriousness of the offence, D's character and antecedents, community ties, and bail record.
Conditions and surety. A residence condition with the mother, electronic curfew, no-contact condition, and reporting may reduce risk. But the mother's limited English may weaken her ability to act as a surety or monitor compliance. The court must consider whether conditions are enforceable and sufficient. Given the history, bail is likely to be refused unless the court is satisfied the proposed package genuinely protects the complainant. The surety is not a substitute for risk management.
2. If bail is refused, what remand options and time limits apply, and what further applications can be made?
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Remand. If bail is refused, the magistrates remand D in custody. Under the Magistrates' Courts Act 1980 s.128, a remand in custody is generally for no more than eight days, though the court can adjourn for longer in limited circumstances. The custody clock and the reason for adjournment must be recorded.
Further applications. D can make a fresh bail application to the magistrates if there is a change of circumstances or new information. Depending on the offence and procedural stage, an application may also be made to the Crown Court. Defence should obtain the reasons for refusal, consider whether the surety can be strengthened, and explore conditions such as a pre-sentence report or a place at an approved premises. If the remand becomes unlawful, habeas corpus may be considered.