Guidance on Serving Bail Appeal Notices Remotely during the Coronavirus Pandemic, Study Guides, Projects, Research of Law

Download Guidance on Serving Bail Appeal Notices Remotely during the Coronavirus Pandemic and more Study Guides, Projects, Research Law in PDF only on Docsity! Guidance on Service of Bail Appeal Notices during the Coronavirus Pandemic The Covid-19 outbreak presents an unprecedented challenge for the Criminal Justice System in England and Wales. The scale and seriousness of the situation presents significant difficulties to the criminal court process and means it cannot operate in the way it does normally. This temporary guidance is for use during the Coronavirus pandemic for the service of Bail Appeal Notices on defendants in custody. The CPS guidance on the procedure to be adopted in relation to the appeal by a prosecutor of the grant of bail by the magistrates’ court is set out in the Bail legal guidance. The guidance currently requires that a written notice of appeal must be served on the court and the defendant in person within two hours of the conclusion of the bail hearing. Due to the increased use of remote hearings and social distancing requirements prosecutors can frequently no longer serve the written notice in person. The practice of personal service has developed as defendants and prosecutors have always been present at court for bail applications. However, there is no reason why another individual (court staff/prison officer/cell staff) cannot serve the notice on behalf of the prosecutor. The law on service of the written notice Section 1(5) Bail (Amendment) Act 1993 [BAA 1993] states: Written notice of appeal shall thereafter be served on the court which has granted bail and the person concerned within two hours of the conclusion of such proceedings. CrimPR 14.9(4) states the prosecutor must serve an appeal notice— (a) on the court officer for the court which has granted bail and on the defendant; (b) not more than 2 hours after telling that court of the decision to appeal. The rules on service in CrimPR 4 provide for different methods of service (personal, postal, DX, electronic). CrimPR 4.10 states that unless the court directs otherwise some documents cannot be served simply by service on the legal representative. 1 CrimPR 4.9 allows service by another method: — (1) The court may allow service of a document by a method— (a) other than those described in rules 4.3 to 4.6 and in rule 4.8; (b) other than one specified by rule 4.7, where that rule applies. (2) An order allowing service by another method must specify— (a) the method to be used; and (b) the date on which the document will be served. Relevant case law: 1 4.10. Unless the court otherwise directs, service on a party’s legal representative of any of the following documents is not service of that document on that party ..(f) any notice or document served under Part 14 (Bail and custody time limits); Where the prosecution failed (by three minutes) to comply with subsection (5) BAA 1993, subsection (7) BAA 1993 did not operate to dispose of the appeal where they had used all due diligence and had allowed ample time to comply, but had been defeated by circumstances outside their control, and where there was no prejudice to the defendant (who was aware of their intention): R. (Jeffrey) v Warwick Crown Court [2002] EWHC 2469 (Admin); [2003] Crim.L.R. 190, QBD. Even where written notice of appeal was never successfully served on the defendant, subs.(7) BAA 1993 will not operate to dismiss the appeal where the lack of successful service did not cause the defendant prejudice and the service was unsuccessful for reasons out of the prosecution’s control, the prosecution having acted with all due diligence: R. (Cardin) v Birmingham Crown Court and Birmingham Magistrates’ Court [2017] EWHC 2101 (Admin); [2018] 1 Cr. App. R. 3, DC. Procedure for service of the written notice on the defendant remotely Either of the following procedures maybe used for service of the written notice following oral notice of the decision to appeal the grant of bail. Prosecutors must agree the method of service and ask the court to make the relevant directions in the presence of all parties including the defendant after giving oral notice of appeal. 1. Service on the defendant’s legal representative a. If the defendant is legally represented, the prosecutor can ask the court to direct service of the written notice on the defendant’s representative. b. Once the court has directed service in this manner, the notice can be served by email on the defence representative within the required 2 hour time limit. 2. Service by another on behalf of the prosecutor a. If the prosecutor is conducting the hearing remotely and the defendant is not represented, the notice can be sent by e-mail to the following persons (depending on where the defendant is appearing from) accompanied by a request for service on the defendant: i. Court - the legal advisor/court staff ii. Police Station – police officer/custody officer iii. Prison – custody officer b. The prosecutor must ask the court to make an order for service as required by CrimPR 4.9. The order by the court must specify the method to be used and the date and time at which the document will be served. c. The following form of words is suggested: