The defendant was bailed in criminal proceedings. Electronically monitored bail (EM bail) is a restrictive form of bail. Bachelor's Degree. To authorise an extension, the inspector or superintendent (the police decision maker) must be satisfied that the four conditions contained in s. 47ZC PACE are met. If the courts revoke bail, they will . Preliminary hearings, including those considering bail, may be held via live video link and where live link is used, the defendant is deemed to be present -section 52A(2) Criminal Justice Act 2003. Investigators will need to be aware that if a qualifying prosecutor designates the case as exceptionally complex it will be considered by ACCs/Commanders for a bail extension. Court applications to extend can be made by constables and Crown Prosecutors. These include: In any case in which pre-charge bail is being considered under these provisions the investigating officer must seek the views of the alleged victim if it is reasonably practicable to do so. Children aged 12 to 17 may be remanded on unconditional bail, conditional bail, conditional bail with electronic monitoring, bail supervision and support, bail supervision and support with electronic monitoring, bail Intensive Support and Surveillance Programme (ISSP), with voice verification and/or with electronic monitoring. Where the defendant disputes the ground on which he was arrested, there is no necessity for the giving of evidence on oath or for providing an opportunity to the person arrested, or his legal representatives, to cross-examine witnesses or give evidence. Pre-charge police bail can be imposed in a number of different circumstances including: It is for the police to decide whether a suspect is released with or without bail and if released on bail, whether any conditions of bail should be imposed. Where the defendant is brought before the court, having not been charged by the police and with no information having been laid previously, the prosecutor may ask for an information to be laid at this stage, subject to the time limits as set out above. The role of the prosecutor is to decide whether the case is exceptionally complex, not to decide whether bail should be extended from nine to twelve months. The police have a power of arrest where an officer has reasonable grounds for believing that conditions imposed on pre-charge bail have been breached (section 46A(1A) PACE). The nature of the offence for which the suspect was arrested; What enquiries have been made and what further enquiries are proposed; If the defendant is released from his sentence or custodial remand before the conclusion of the proceedings for which technical bail is granted, a person who is likely to re-offend, abscond or present a risk to witnesses is released into the community without even the safeguards offered by conditions of bail being in place. The maximum period for which a Court can make a Secure Accommodation Order on a youth offender who has been remanded to local authority accommodation is the period of the remand. What happens if I breach bail conditions? In cases where the offender is likely to be remanded for a considerable period of time, it will obviate the need for the offender to be produced at court every seven days.
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