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BSB Criminal Litigation study materials
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BSB Criminal Litigation practice questions

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Question 1Preliminaries to prosecution and investigation

A person arrested for theft is taken to a police station. Which statement about the right to legal advice is correct?

  1. It requires the person to pay unless held for an indictable offence
  2. It arises only once the person has been charged
  3. It applies at any stage and the advice is free of charge Correct answer.
  4. It can be delayed by any constable for up to 24 hours

Explanation

Section 58 PACE 1984 entitles a person in police detention to consult a solicitor at any time, and the advice must be free. Delay is exceptional: it requires authorisation by an officer of at least superintendent rank and is capped at 36 hours from the relevant time.

Question 2Preliminaries to prosecution and investigation

When must a person who is arrested be cautioned?

  1. Only if the person is a juvenile
  2. On arrest, unless it is impracticable to do so then Correct answer.
  3. Only after the custody officer has authorised detention
  4. Only when the first interview at the station begins

Explanation

Section 28 PACE and Code C require a person to be cautioned on arrest unless this is impracticable because of the person's condition or behaviour. The caution is repeated at the start of any interview.

Question 3Preliminaries to prosecution and investigation

Which of these is required before a constable may stop and search a person under s.1 PACE 1984?

  1. A warrant issued by a justice of the peace
  2. The person's previous convictions for theft or handling
  3. Reasonable suspicion that the person has a prohibited item Correct answer.
  4. A written authority signed by a superintendent of police

Explanation

Section 1 PACE permits a constable to stop and search a person in a public place where there are reasonable grounds to suspect that the person is in possession of stolen or prohibited articles. The suspicion must be based on objective facts, not on the person's record or a hunch.

Question 4Preliminaries to prosecution and investigation

Detention was authorised at 09:00. When must the first review of that detention take place?

  1. By 15:00, six hours after authorisation Correct answer.
  2. By 13:00, four hours after authorisation
  3. By 21:00, twelve hours after authorisation
  4. By 12:00, three hours after authorisation

Explanation

Under s.40 PACE the first review of detention must take place not later than six hours after detention was authorised. Subsequent reviews follow at intervals of no more than nine hours.

Question 5Preliminaries to prosecution and investigation

A constable has grounds to arrest a suspect. Which of the following makes the arrest necessary under s.24(4) PACE?

  1. To search the suspect's home for evidence of another crime
  2. To allow a prompt and effective investigation Correct answer.
  3. To punish the suspect for an earlier offence
  4. To stop the suspect from contacting a solicitor

Explanation

Section 24(4) PACE lists the grounds on which arrest must be necessary, including enabling the prompt and effective investigation of the offence or of the person's conduct. Punishment, harassment or obstructing access to advice are not legitimate purposes.

Question 6Preliminaries to prosecution and investigation

A 15-year-old is detained at a police station. Who should ordinarily be asked to attend as the appropriate adult?

  1. The custody officer on duty
  2. The juvenile's parent or guardian Correct answer.
  3. A police officer of the same sex as the juvenile
  4. The CPS reviewing lawyer

Explanation

Code C requires an appropriate adult for a juvenile, ordinarily the parent or guardian, or, if that is not possible, a social worker or other responsible adult. The role is to safeguard the juvenile's rights and welfare during detention and interview.

Question 7Preliminaries to prosecution and investigation

A constable wishes to search premises controlled by a suspect arrested for burglary, under s.18 PACE. Who must authorise the search?

  1. A justice of the peace on application
  2. The custody officer
  3. An officer of at least inspector rank Correct answer.
  4. Any constable who has reasonable grounds

Explanation

A search of premises under s.18 PACE requires written authorisation by an officer of at least inspector rank. In a case of urgency the search may proceed without written authorisation, but it must still be authorised by an officer of inspector rank or above.

Question 8Preliminaries to prosecution and investigation

An offence is triable only summarily. Within what period must proceedings normally be commenced?

  1. Six weeks from the date of the offence
  2. Twelve months from the date of the offence
  3. Three months from the date of the offence
  4. Six months from the date of the offence Correct answer.

Explanation

Section 127 Magistrates' Courts Act 1980 imposes a six-month limit, running from the date of the offence, for commencing summary-only proceedings. Either-way offences are not subject to this limit.

Question 9Preliminaries to prosecution and investigation

Under Code C, which remark by a suspect amounts to a 'significant statement'?

  1. A comment recorded by the suspect's solicitor
  2. A witness account of the suspect's behaviour
  3. A denial repeated throughout an interview
  4. A pre-charge admission that suggests guilt Correct answer.

Explanation

Code C defines a significant statement as a statement made before charge which appears capable of being used in evidence, in particular a direct admission of guilt. It must be put to the suspect at the start of interview so that they have an opportunity to comment.

Question 10Preliminaries to prosecution and investigation

A confession followed a promise of bail made by an officer, which the suspect relied on. Under which provision is exclusion most likely?

  1. s.82(1), because the confession was not signed
  2. s.76(2)(b), because the promise made it unreliable Correct answer.
  3. s.78(1), because a promise is always unfair
  4. s.76(2)(a), because the promise amounted to oppression

Explanation

Section 76(2)(b) PACE requires exclusion where the confession was obtained in consequence of anything said or done which was likely to render it unreliable. An inducement such as a promise of bail falls within this limb, whereas oppression under s.76(2)(a) requires harsh or improper conduct.

Question 11Preliminaries to prosecution and investigation

Which officer may authorise a delay in notifying a person outside the station that a detainee is being held?

  1. The custody sergeant
  2. An officer of at least superintendent rank Correct answer.
  3. Any constable involved in the investigation
  4. The officer in the case

Explanation

Section 56 PACE allows a detainee to have someone outside the station informed of the detention, and delay requires authorisation by an officer of at least superintendent rank. The delay may last no more than 36 hours from the relevant time.

Question 12Preliminaries to prosecution and investigation

A suspect is in custody and available for an identification procedure. Which procedure should normally be used?

  1. A video identification or an identification parade Correct answer.
  2. Dock identification at the trial
  3. Showing the witness a single photograph of the suspect
  4. A confrontation between the witness and the suspect

Explanation

Code D provides that where a suspect is available, a video identification or an identification parade should be used. Photograph identification, confrontation and dock identification are fallback options where a proper procedure is not practicable.

Question 13Preliminaries to prosecution and investigation

What must happen before a suspect is interviewed at a police station about an offence?

  1. Their solicitor is physically present in the room
  2. They have been granted bail by the custody officer
  3. They have already been charged with the offence
  4. They are cautioned and told of their right to advice Correct answer.

Explanation

Code C requires the suspect to be cautioned before interview and reminded of the continuing right to free legal advice. The interview may not begin until the suspect has had the opportunity to consult a solicitor, unless a valid delay has been authorised.

Question 14Preliminaries to prosecution and investigation

A 16-year-old has been charged and cannot be bailed. Where should the juvenile normally be taken?

  1. To an adult prison
  2. To the court cells until the hearing
  3. To local authority accommodation Correct answer.
  4. To a remand centre for adults

Explanation

Under s.38(6) PACE a juvenile who is refused bail must be transferred to local authority accommodation unless one of the statutory exceptions applies. Detention in police accommodation is a last resort.

Question 15Preliminaries to prosecution and investigation

Under s.17 PACE, for which purpose may a constable enter and search premises without a warrant?

  1. To search for evidence of any offence
  2. To arrest a person for a summary-only offence
  3. To question a witness about an offence
  4. To arrest a person for an indictable offence Correct answer.

Explanation

Section 17(1)(b) PACE permits entry and search of premises for the purpose of arresting a person for an indictable offence. Broader entry for questioning or for searching for evidence requires other powers or a warrant.

Question 16Preliminaries to prosecution and investigation

To whom is an application for a search warrant under s.8 PACE made?

  1. The Crown Prosecution Service charging unit
  2. The Home Secretary
  3. A superintendent of police
  4. A justice of the peace or a judge Correct answer.

Explanation

An application under s.8 PACE is made to a justice of the peace (or, in some cases, a judge), who must be satisfied that there are reasonable grounds for the search. The police cannot authorise such a search themselves.

Question 17Preliminaries to prosecution and investigation

When may a constable seize an item found while searching premises under PACE?

  1. When the occupier consents in writing
  2. When the item is worth more than £500
  3. When there are reasonable grounds to believe it is evidence Correct answer.
  4. When a further warrant has been obtained from a magistrate

Explanation

Section 19 PACE allows seizure where the constable has reasonable grounds to believe the item is evidence of an offence and that seizure is necessary to prevent loss, damage, alteration or concealment. A further warrant or the occupier's consent is not required.

Question 18Preliminaries to prosecution and investigation

Which of these is permitted under street bail granted by a constable under s.30A PACE?

  1. Release only after the suspect has been charged
  2. Release subject to a curfew and electronic tag
  3. Release on bail to attend a police station later Correct answer.
  4. Release on payment of a surety to the court

Explanation

Section 30A PACE allows a constable to release a suspect before charge on bail to attend a police station at a specified time. Street bail does not carry the range of conditions that a court or the custody officer may later impose.

Question 19Preliminaries to prosecution and investigation

Which test does the CPS apply first when deciding whether to charge?

  1. The public interest stage of the Full Code Test
  2. The threshold test
  3. The evidential stage of the Full Code Test Correct answer.
  4. The sentencing guidelines for the offence

Explanation

The Full Code Test applies the evidential stage first: if there is not a realistic prospect of conviction, there is no charge whatever the public interest. Only if the evidential stage is met does the prosecutor consider the public interest stage.

Question 20Preliminaries to prosecution and investigation

The prosecution has served its case and initial disclosure in the Crown Court. Within what period must the defence normally serve a defence statement?

  1. Twenty-eight days
  2. Fifty-six days
  3. Fourteen days Correct answer.
  4. Seven days

Explanation

Under s.5 CPIA 1996 the defence statement must normally be served within 14 days of the prosecutor's initial disclosure. The court may extend the period, and late service may allow an adverse inference to be drawn.

Question 21Preliminaries to prosecution and investigation

When may a court draw an adverse inference under s.34 Criminal Justice and Public Order Act 1994?

  1. When the suspect refused to sign the custody record
  2. When a fact later relied on was not mentioned under caution Correct answer.
  3. When the suspect chose not to give evidence at trial
  4. When the suspect asked to speak to a solicitor

Explanation

Section 34 CJPOA 1994 permits an adverse inference where the accused, when questioned under caution or on being charged, failed to mention a fact later relied on in defence. The court must consider whether it is fair to draw an inference in all the circumstances.

Question 22Preliminaries to prosecution and investigation

Which of these samples is an intimate sample requiring authorisation by a superintendent?

  1. A sample of head hair
  2. A swab taken from the mouth
  3. A sample of blood Correct answer.
  4. A sample of saliva

Explanation

Section 62 PACE defines intimate samples, which include blood, semen, urine, pubic hair and swabs of body orifices other than the mouth. Such samples require the suspect's consent and authorisation by an officer of at least superintendent rank.

Question 23Preliminaries to prosecution and investigation

What is the maximum period a person may be detained under s.41 Terrorism Act 2000 before charge?

  1. Seven days
  2. Fourteen days Correct answer.
  3. Twenty-eight days
  4. Ninety-six hours

Explanation

Under s.41 and Schedule 8 of the Terrorism Act 2000, as amended, a person arrested on reasonable suspicion of being a terrorist may be detained for a maximum of 14 days before charge. Detention beyond that requires charge or release.

Question 24Preliminaries to prosecution and investigation

Who must authorise a strip search of a detainee at a police station?

  1. The officer leading the investigation
  2. An officer of at least inspector rank Correct answer.
  3. Any constable
  4. The custody officer alone

Explanation

Code C Annex A requires a strip search to be authorised by the supervising officer, who must be of at least inspector rank. The search must be conducted in accordance with the safeguards on privacy and dignity.

Question 25Preliminaries to prosecution and investigation

A person has been in police detention for 24 hours without charge. What is the maximum total period a superintendent may authorise?

  1. 24 hours
  2. 48 hours
  3. 36 hours Correct answer.
  4. 96 hours

Explanation

Where detention has lasted 24 hours and the offence is indictable, a superintendent may authorise continued detention up to a maximum of 36 hours from the relevant time. Further detention beyond 36 hours requires a warrant from a magistrates' court, up to a maximum of 96 hours.

Question 26Preliminaries to prosecution and investigation

Under Code C of the Police and Criminal Evidence Act 1984, when must a suspect normally be cautioned?

  1. Only after the custody officer has formally charged them with the offence.
  2. Only when a solicitor is present during the interview.
  3. Before questioning about their involvement in the offence. Correct answer.
  4. Only at the moment when they are first arrested.

Explanation

Code C paragraph 10.1 requires a caution before any questions are put to a person about their involvement or suspected involvement in an offence, once there are grounds to suspect them. The caution is also given on charge, but it is not deferred until charge or until a solicitor attends.

Question 27Preliminaries to prosecution and investigation

A suspect arrives at a police station and is detained at 09:00. When must the custody officer normally conduct the first review of the detention?

  1. Immediately on arrival.
  2. At 21:00 at the latest.
  3. At 18:00 at the latest.
  4. At 15:00 at the latest. Correct answer.

Explanation

Section 40(1) PACE 1984 requires the custody officer to review detention not later than six hours after the detention commenced. Subsequent reviews must be at intervals of not more than nine hours.

Question 28Preliminaries to prosecution and investigation

A constable lawfully arrests a man in a neighbour's house for robbery. The man is cooperative. Under s.32 PACE 1984, which search may the constable carry out without further authority?

  1. A search of any vehicle the man owns, wherever it is parked, for evidence.
  2. A search of his person and the house where he was arrested for evidence. Correct answer.
  3. A search of the neighbour's house, but only if the neighbour gives informed consent.
  4. A search of the man's own home, wherever it is, for evidence of the robbery.

Explanation

Section 32(1) allows a constable to search an arrested person, and s.32(2)(a) allows a search of the premises in which the person was arrested, or was immediately before arrest, for evidence relating to the offence. No consent or further authorisation is required for that limited search.

Question 29Bail, remands and custody

Which statement best describes the general right to bail under the Bail Act 1976?

  1. Bail must be granted whenever the prosecution decides not to object to it.
  2. Bail is a pure discretion exercised in every case without statutory constraint.
  3. The right to bail is available only where the offence is punishable by imprisonment.
  4. There is a right to bail unless a Schedule 1 exception applies. Correct answer.

Explanation

Section 4 of the Bail Act 1976 gives an accused person a general right to bail, subject to the exceptions in Schedule 1. The court must consider bail but may refuse it only on statutory grounds. The right does not depend on whether the prosecution objects.

Question 30Bail, remands and custody

Which of the following is a statutory ground for refusing bail to a defendant charged with an imprisonable offence?

  1. The prosecution has decided to offer no evidence against the defendant.
  2. The offence is triable either way rather than summarily.
  3. Substantial grounds exist that the defendant would fail to surrender. Correct answer.
  4. The defendant has no previous convictions recorded against him.

Explanation

Schedule 1 Part I permits refusal of bail where there are substantial grounds for believing that the defendant would fail to surrender, commit an offence while on bail, or interfere with witnesses. The mode of trial is not itself a ground for refusing bail.

Question 31Bail, remands and custody

A defendant is charged with a summary offence that is not punishable by imprisonment. Which factor may justify refusing bail?

  1. A previous failure to surrender to bail. Correct answer.
  2. The defendant is likely to be convicted at trial.
  3. The defendant cannot afford to pay a solicitor.
  4. The offence caused public annoyance in the area.

Explanation

For a non-imprisonable summary offence, Schedule 1 limits refusal of bail to specified exceptions, including a previous failure to surrender or substantial grounds for believing that the defendant would fail to surrender. General concerns about conviction or public feeling are not statutory grounds.

Question 32Bail, remands and custody

Which of these is a recognised ground on which a court may remand a defendant in custody rather than grant bail?

  1. The community has objected to bail.
  2. The defendant is likely to be convicted.
  3. The defendant needs protection from violence. Correct answer.
  4. The defendant's offence is serious.

Explanation

Schedule 1 permits refusal of bail where the court is satisfied that the defendant should be kept in custody for his own protection, or for a child or young person's own welfare. Seriousness of the offence or likely conviction alone are not statutory grounds.

Question 33Bail, remands and custody

A magistrates' court grants bail to a defendant charged with shoplifting and imposes a nightly curfew. Which principle governs whether that condition is lawful?

  1. The condition must be requested by the prosecution.
  2. The condition must be necessary and proportionate. Correct answer.
  3. The condition may be imposed to punish the defendant.
  4. A curfew is mandatory for all imprisonable offences.

Explanation

Bail conditions under section 3 of the Bail Act 1976 are lawful only where necessary to secure a bail objective, such as securing attendance or preventing offending on bail. They must also be proportionate. Conditions are not punitive and do not require a prosecution request.

Question 34Bail, remands and custody

A court wants a third party to guarantee that the defendant will surrender to bail and to pay money if he does not. What is this arrangement called?

  1. A surety. Correct answer.
  2. A security deposited by the defendant.
  3. A recognizance entered by the prosecutor.
  4. A bail condition of residence.

Explanation

A surety is a person who undertakes to pay a specified sum if the defendant fails to surrender to bail. The court assesses the proposed surety's suitability and means. Security is money deposited by the defendant, not a third-party guarantee.

Question 35Bail, remands and custody

Which factor is most relevant when the court decides whether a proposed surety is suitable?

  1. The surety's financial means and character. Correct answer.
  2. The surety's relationship with the prosecutor.
  3. The surety's view on the defendant's guilt.
  4. The surety's willingness to give evidence for the prosecution.

Explanation

The court considers whether the surety has sufficient means to pay the promised sum and is of good character and suitable to supervise attendance. The surety's relationship with the prosecution or opinion on guilt is not the test.

Question 36Bail, remands and custody

The prosecution wishes to appeal against a magistrates' court's decision to grant bail. Which requirement must normally be satisfied?

  1. The defendant must be under 18.
  2. The offence must be punishable by imprisonment. Correct answer.
  3. The magistrates must have imposed at least one condition.
  4. The appeal must be brought within 28 days.

Explanation

The prosecution's right of appeal under the Bail (Amendment) Act 1993 applies where the offence is punishable by imprisonment. The appeal is to a Crown Court judge and is subject to short notice and time limits, not a 28-day period.

Question 37Bail, remands and custody

What step must the prosecution first take when exercising its right to appeal against a magistrates' court's grant of bail?

  1. Serve written notice on the defendant within seven days.
  2. Give oral notice before release. Correct answer.
  3. Ask the magistrates to reconsider their decision immediately.
  4. Apply to the High Court for permission to appeal.

Explanation

The prosecution must give oral notice to the court before the defendant is released, and then written notice within two hours after the end of the proceedings. The appeal is heard by a Crown Court judge, not the High Court.

Question 38Bail, remands and custody

After a magistrates' court refuses bail, where may the defendant ordinarily apply for bail next?

  1. The Court of Appeal.
  2. The same magistrates' court the following day as of right.
  3. A Crown Court judge in chambers. Correct answer.
  4. The High Court.

Explanation

A defendant refused bail by the magistrates may apply to the Crown Court, where the application is heard by a judge in chambers. The Court of Appeal is not the appropriate first route for a pre-trial bail refusal.

Question 39Bail, remands and custody

A magistrates' court has refused bail. When may the defendant make a further bail application to the same court?

  1. Only after 14 days have passed since the refusal.
  2. Only if circumstances have changed or there is new information. Correct answer.
  3. At any time, because there is no limit on repeat applications.
  4. Only after the prosecution agrees to the application.

Explanation

A further application to the magistrates' court is normally entertained only where there is new information or a change in circumstances. There is no automatic right to repeat the same application, and prosecution consent is not the test.

Question 40Bail, remands and custody

What is the legal consequence of failing to surrender to bail without reasonable cause?

  1. It is an offence only if the defendant was on conditional bail.
  2. It is a criminal offence. Correct answer.
  3. It is a civil debt only.
  4. It is not an offence but may lead to a warning.

Explanation

Section 6 of the Bail Act 1976 makes failure to surrender to custody without reasonable cause a criminal offence. It applies whether bail was granted with conditions or unconditionally.

Question 41Bail, remands and custody

Police reasonably suspect that a defendant on conditional bail has breached a curfew condition. What power do they have?

  1. Arrest only with a warrant from the magistrates.
  2. No power, because breach of a bail condition is not an offence.
  3. Arrest without warrant under section 7 Bail Act 1976. Correct answer.
  4. Power only to send a warning letter.

Explanation

Section 7 of the Bail Act 1976 allows a constable to arrest without warrant a person reasonably suspected of breaching a bail condition. The defendant may then be brought before the court, which can reconsider bail. The fact that breach is not itself an offence does not remove the arrest power.

Question 42Bail, remands and custody

Which statement best describes the legal effect of breaching a bail condition, such as a curfew?

  1. The breach is an either-way offence triable in the Crown Court.
  2. It is not an offence but may lead to arrest and remand. Correct answer.
  3. The breach automatically forfeits any surety's recognizance.
  4. The breach is a summary offence punishable by a fine on conviction.

Explanation

Breach of a bail condition is not itself a criminal offence. However, it may lead to arrest under section 7 and to the court reconsidering bail, including remanding the defendant in custody. Forfeiture of a surety requires a separate court process and is not automatic.

Question 43Bail, remands and custody

What is the initial maximum custody time limit for a summary trial in the magistrates' court, running from the first appearance?

  1. 28 days.
  2. 182 days.
  3. 56 days. Correct answer.
  4. 70 days.

Explanation

The Prosecution of Offences (Custody Time Limits) Regulations 1987 set a 56-day limit from first appearance to the start of summary trial. The 70-day and 182-day limits apply to Crown Court proceedings in different circumstances.

Question 44Bail, remands and custody

A defendant is sent to the Crown Court for trial under section 51(1) Crime and Disorder Act 1998 for an indictable-only offence. What is the initial custody time limit from first appearance?

  1. 182 days.
  2. 28 days.
  3. 56 days.
  4. 70 days. Correct answer.

Explanation

Where a case is sent to the Crown Court under section 51(1) for an indictable-only offence, the initial custody time limit is 70 days from first appearance. The 182-day limit applies to other Crown Court cases, such as either-way cases sent under section 51(2).

Question 45Bail, remands and custody

An either-way offence is sent to the Crown Court for trial under section 51(2) Crime and Disorder Act 1998. What is the initial custody time limit from first appearance?

  1. 8 days.
  2. 70 days.
  3. 182 days. Correct answer.
  4. 56 days.

Explanation

For Crown Court cases other than indictable-only cases sent under section 51(1), the initial custody time limit is 182 days from first appearance. The shorter 70-day limit is reserved for indictable-only cases.

Question 46Bail, remands and custody

On an application to extend a custody time limit, what must the prosecution establish?

  1. That the trial is likely to last more than five days.
  2. That the offence is indictable only.
  3. That the defendant consents to the extension.
  4. Good and sufficient cause plus all due expedition by the prosecution. Correct answer.

Explanation

Section 22 of the Prosecution of Offences Act 1985 permits an extension only where the court is satisfied that good and sufficient cause exists and the prosecution has acted with all due expedition. The length or category of the offence is not itself the test.

Question 47Bail, remands and custody

What is the consequence if a custody time limit expires and the court does not extend it?

  1. The proceedings are automatically stayed.
  2. The defendant must be released without bail.
  3. The court may continue to remand in custody if the offence is serious.
  4. The defendant must be released on bail. Correct answer.

Explanation

If a custody time limit expires without an extension, the accused must be released on bail. The prosecution may still proceed with the case, and bail conditions may apply.

Question 48Bail, remands and custody

On the first remand in custody, what is the maximum period for which a magistrates' court may remand the defendant?

  1. 8 days. Correct answer.
  2. 28 days.
  3. 21 days.
  4. 14 days.

Explanation

On a first remand in custody, the magistrates' court may remand for a maximum of 8 days. Longer periods of up to 28 days are available on subsequent remands in certain circumstances.

Question 49Bail, remands and custody

A defendant has previously been remanded in custody and is present before the magistrates' court at the next hearing. What is the maximum period for which the court may now remand him in custody?

  1. 28 days. Correct answer.
  2. 56 days.
  3. 70 days.
  4. 8 days.

Explanation

Where the defendant has previously been remanded and is before the court, the magistrates' court may remand in custody for up to 28 days. The 8-day maximum applies to the first remand or remands in the defendant's absence.

Question 50Bail, remands and custody

A surety has undertaken to pay £10,000 if the defendant fails to surrender. The defendant does fail to surrender. What is the court's power in relation to the surety?

  1. The court has no power once bail has been granted.
  2. The court may forfeit the whole or part of the sum. Correct answer.
  3. The court must automatically order payment of the full £10,000.
  4. The court may imprison the surety for the defendant's offence.

Explanation

The court has a discretion to forfeit the surety's recognizance in whole or in part, after giving the surety an opportunity to be heard. Forfeiture is not automatic, and the surety is not liable to imprisonment for the defendant's offence.