ABSTRACT
Previous convictions should not be read out in court but must be adduced in writing. Where the accused has a prima facie right to bail, magistrates must give written reasons for refusal. If bail is refused by magistrates, you should discuss with the client the prospects of renewing the application at a later date. Application can be made either to the High Court (s 22 of the Criminal Justice Act 1967 and Rules of the Supreme Court Ord 79 r 9) or to the Crown Court, where the accused is in custody for sentence or trial in the Crown Court, or is appealing to the Crown Court (Criminal Justice Act 1992). If bail is granted subject to sureties entering undertakings, these undertakings can be entered into before the magistrate. If sureties are not present in court, the undertakings can be given later to the magistrates or their clerk, a police officer
who is at least of the rank of inspector or the governor of a prison or remand centre (see, also, Bail Act 1976, Sched 1, para 9A). Once bail has been granted, the prosecution can request that it be reconsidered on the basis of fresh information (Criminal Justice and Public Order Act 1994, amending s 5B of the Bail Act 1976) and that it should either be revoked or that new terms should be imposed.
