We have previously uploaded a blog in connection with the suspects rights and entitlements with regard to pre-charge bail and the challenges that are involved when bail conditions are imposed by either the police or the court.
The issues concerning bail following charge can be as important and, in some cases more important to the defendant, as the nature of bail conditions can ultimately have an impact upon a defendant throughout the court proceedings but also dependent on the nature of conditions that have been imposed in relation to the eventual sentence imposed by the court in the event of a guilty plea or a conviction.
Following charge at the police station, it is critical that the defendant is fully aware of the bail conditions, if any have been imposed by police, prior to the first hearing in the Magistrates’ court.
It is often the case that if the police have imposed conditions, the Crown Prosecution Service will seek to impose similar or additional conditions at the first hearing and it is critical that the defence are alive to those conditions and can make representations as to the imposition of some or any of the conditions at the first hearing.
It is usually the case that following the first hearing in the Magistrates’ Court unless there are good reasons to remove or amend conditions, the conditions initially imposed remain until the conclusion of court proceedings.
As defendants and Defence practitioners are only too well aware, there is a chronic delay in the processing of cases in the Crown Court and some matters may take several years from the first hearing in the Crown Court until trial to be completed.
In such cases, it may be necessary for Defence practitioners to tactically consider the nature of bail conditions and in particular, the use of a curfew in cases where in the event of a conviction on a guilty plea, the defendant is likely to receive a custodial sentence. We at Lewis Nedas are fully aware of the implications concerning defendants in such cases and appropriate advice is given at an early stage in proceedings.
The importance of a curfew condition being imposed cannot be underestimated.
In the UK, an electronically monitored curfew condition imposed in relation to bail can, in certain circumstances count towards the custodial sentence that the court eventually imposes usually at a rate of half a day credited for every full day of sentence served.
However, to qualify the curfew must run for at least 9 hours per evening.
The qualifying curfew does not count automatically and, we at Lewis Nedas and the advocates we instruct will bring this to the attention of the trial or sentencing judge when sentence is imposed.
If the curfew condition imposed is for less than 9 hours, that time spent on curfew would not count towards the sentence. However, advocates instructed by this firm will routinely raise the matter with a trial judge when advancing mitigating circumstances and credit as to the final sentence as to the amount of credit that should be imposed as to the final sentence that is handed down.
Curfew conditions are routinely imposed in relation to offences that have allegedly been committed at night in relation to offences where the court wishes to restrict the liberty of a defendant’s movements, particularly in the evening and in certain circumstances where the defence raise the imposition of a curfew condition, dependent on the current circumstances of the defendant and the case.
Contact our Expert Criminal Defence Lawyers
We at Lewis Nedas Law recognise the importance of bail conditions and the likely impact upon sentence and have expert litigators and advocates who can provide advice on these issues.
If you have been charged with any criminal offences, whether bail conditions have been imposed or not, please contact Miles Herman. Call us on 020 7387 2032 or alternatively complete our online enquiry form and will be more than happy to assist and advise as to next steps.