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Bail is the right to be released from custody before the case is concluded, or sentence is passed, assuming there is no risk of absconding or committing further offences while on bail or attempting to interfere with witnesses or otherwise pervert the course of justice.
The question of whether to grant bail in criminal proceedings is governed by the Bail Act 1976, which provides that there is a rebuttable presumption in favour of bail, subject to the test laid down in Schedule 1 of that Act. This complies with Article 5(3) of the European Convention so long as the accused is tried within a reasonable period of time and not denied release pending trial without the Prosecuting Authorities advancing advanced relevant and sufficient reasons for refusing bail (Wemhoff v Germany (1968) 1 EHRR 55). The Schedule 1 reasons for refusing bail guide the exercise of judicial discretion, and objections from the prosection may be overcome by bail conditions. The three reasons in Schedule 1, paragraph 2 for denying bail are that the court is satisfied there
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Extradition from the UK (cat 2 request)—checklist This Checklist summarises the extradition process from the UK under Part 2 of the Extradition Act 2003 (EA 2003) and the key issues which need to be considered. This should be read in conjunction with Practice Note: Extradition under Parts 1 and 2 of the Extradition Act 2003—procedure which explains the procedure to be followed. For extradition under EA 2003, Pt 1, see: Extradition from the UK (cat 1 request)—checklist. Extradition to category 2 territories Where an extradition request is received from a non-EU country with which the UK has a bilateral treaty: • the request is received by the Secretary of State for the Home Department acting through the UK Central Authority at the Home Office (UKCA) • subject to a limited discretion under EA 2003, s 70(2), the Secretary of State must certify the request if it is stated to be for the purpose of prosecuting or punishing a person accused or convicted of an offence in a category 2 territory...
Applying for a warrant of arrest to commence criminal proceedings—checklist Applying for a warrant of arrest to commence criminal proceedings A warrant for arrest may be issued by a magistrates’ court in order to bring an accused person to court to answer a charge. A warrant for arrest can only be issued where: • the accused is over 18 years old, and either • the alleged offence is an indictable offence or is punishable with imprisonment, or • the accused’s address is not sufficiently established to enable a summons or a written charge and requisition to be served on them This method of commencing proceedings is used very infrequently. This is because: • magistrates should not issue a warrant if a summons or requisition would be an effective means of securing the accused's attendance before the court. See Practice Notes: Commencing criminal proceedings—laying an information and issuing a summons and Commencing criminal proceedings—written charge and requisition or single justice procedure notice • police officers, under the Police and Criminal Evidence...
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This Practice Note explains the procedure for making bail applications in a magistrates’ court or Crown Court in England and Wales, as well as making applications to vary bail conditions in a magistrates’ court or Crown Court. For information on making applications relating to pre-charge bail, see Practice Note: Police bail.The Criminal Procedure RulesPart 14 of the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR) provides a comprehensive procedural code for bail applications, including applications to vary bail conditions.Under CrimPR, SI 2020/759, r 14.5 the prosecutor has a duty to provide the court and the defendant with all the information in their possession which is material to what the court must decide. A prosecutor who opposes bail is required to specify the exception to the general right to bail which they rely on and each consideration that they think is relevant. CrimPR do not set out the format to be adopted at a bail hearing but, by convention and in practice, the prosecution will outline its objections to bail first and...
This Practice Note explains the circumstances in which a defendant can appeal to the Crown Court against a magistrates’ court decision to refuse to grant bail or refuse to vary bail conditions. It also covers when a prosecutor can ask a magistrates’ court to reconsider granting bail to a defendant as well as when a prosecutor can appeal to the Crown Court against a magistrates’ court’s decision to grant bail. The Practice Note further examines when a defendant or a prosecutor can appeal a Crown Court bail decision to the High Court and the procedure for doing so. For information about when bail can be refused, see Practice Note: The right to bail and grounds for refusing bail. For information on how to make an application for bail that’s not by way of an appeal, or how to make an application to vary bail conditions, see Practice Note: How to make court bail applications.Defendant appeals against the refusal of bail by the magistrates' courtA defendant refused bail by the magistrates'...
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Partnership agreement—short form This Partnership Agreement is made on [insert date] Parties 1 [insert name of partner], of [insert address of partner] 2 [insert name of partner], of [insert address of partner] Background The Partners wish to engage in [insert nature of business or profession or trade] in partnership on the terms set out in this agreement. The parties agree: 1 Definitions and interpretation 1.1 In this agreement, unless the context otherwise requires: Accountants • means [insert name of Partnership’s accountants] or such other firm of chartered accountants as are appointed to replace them in accordance with the provisions of this agreement; Accounting Date • means [insert day and month] in each year or such other date as may be determined in accordance with this agreement; Accounting Period • means each accounting period of the Partnership (whether of one year or more or less) ending on the Accounting Date and, in the case of the first Accounting Period, the period starting on the Commencement Date and ending on the Accounting...
Investment grade term sheet (for a term loan facility): single company borrower—syndicated—with or without guarantees Term sheet for an unsecured syndicated facility for an investment grade borrower incorporated as a limited liability company in England and Wales with or without guarantees In relation to a £[•] term loan facility to be provided to [insert name of borrower] Date [•] 20[•] This term sheet is indicative only and is intended as a guide to what will be included in final documentation. It is not an offer to provide the facility. Provision of the facility is subject to satisfactory due diligence, credit committee approval[, the mandate letter] and satisfactory final documentation. 1 Parties Borrower [insert name of borrower] [ Guarantor(s) ] [[insert names of group company/companies providing a guarantee]] Mandated Lead Arranger [insert name of Mandated Lead Arranger(s)] Agent [insert name of Agent] Lenders As selected by the Mandated Lead Arranger[s] [in consultation with the Borrower] [ Obligors ] [the Borrower and the Guarantors] [...
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What movement restrictions were in place due to coronavirus between 26 March and 1 June 2020? Movement restrictions During the emergency period, no person may leave or remain outside the place where they were living without ‘reasonable excuse’. The list of reasonable excuses set out in regulation 6(2) of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, SI 2020/350, (which is probably non-exhaustive, given the wording ‘includes…’) is detailed and sets out a wide range of potential reasonable excuses, which include: • to obtain basic necessities, including food and medical supplies for those in the same household or for vulnerable persons and supplies for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person • to take exercise either alone or with other members of their household • to travel for the purposes of work or to provide voluntary or charitable services, where it is not reasonably possible for that person to work, or to provide those services, from the place where...
My client is ill and or is self isolating due to coronavirus (COVID-19). What steps can be taken in the event they cannot report for bail, attend court or attend an arranged interview under caution? Currently, we are experiencing unprecedented times and the outbreak of coronavirus (Covid-19) is causing significant problems within the criminal justice system and so courts and police stations are required to find new ways to deal with it. In order to assist with this, a Protocol has been issued in relation interviews during the pandemic which may assist if a suspect is in self-isolation or experiencing symptoms of coronavirus. Most importantly, this guidance provides for interviews to be able to take place remotely, stating that: ‘The signatories to this Protocol accept that remote interviews by video and audio link are not within the current letter of the Code of Practice, but in the present circumstances of the Coronavirus pandemic they are within the spirit of recent amendments to criminal procedure, law and evidence...
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This week's edition of Corporate Crime weekly highlights includes analysis of the DOJ’s new guidelines for FCPA investigations and enforcement actions, of the recent Supreme Court ruling on how much consideration should be given to early release provisions in extradition cases, of the resilience of public sector digital infrastructure and the broader implications of cybercrime following the Legal Aid Agency data breach, and of lessons to be learnt following the recent conviction of an art dealer for failing to comply with reporting obligations under the Terrorism Act 2000. Also included is news of the new Investigatory Powers Act codes of practice coming into force, of the ban on bonus payments to senior executives at six water companies, and of the first crypto specialist appointed by the Insolvency Service to assist with digital asset recovery in criminal cases. All this, and more, in this week’s Corporate Crime highlights.
The National Crime Agency (NCA) has brought bribery charges against British businessman Zuneth Sattar following an investigation into international corruption involving senior Malawian officials. In a Westminster Magistrates Court, Sattar—born in Malawi in 1981—faces 18 charges and is accused of paying up to $US50,000 in bribes to public officials between December 2020 and September 2021 to secure public contracts worth $US56m for anti-riot gear, food ration packs, and armoured personnel carriers. Anti-corruption charity Spotlight on Corruption and Malawian NGO Youth and Society have called on the UK and the government of Malawi to enhance accountability measures by intensifying investigations and protecting anti-corruption advocates. The charge sheet lists several high-ranking Malawian figures, including the late vice president Saulos Chilima and the president’s former chief of staff, Prince Kapondamgaga, among others in public procurement, law enforcement, and anti-corruption agencies. Sattar has been released on conditional bail, subject to a travel ban and a £2m surety, with the next court hearing scheduled at Southwark Crown Court on 26 June 2025.
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