The defendant had been on bail to appear at the Magistrates’ Court. On the day he arrived in good time. A notice said: ‘All persons due to appear in court please report to the enquiry counter.’ He did so and he obeyed directions which were there given to him to wait in the concourse. Before being called, he became tired of waiting and left. He was charged with the offence contrary to section 6(1) of the 1976 Act of failing to surrender. The magistrates found that he had in fact surrendered because he had complied with the direction given to those attending as to what they were to do. The Crown appealed by way of case stated to the divisional court.
Held: A person desiring to surrender to bail may be required to report to a particular office or a particular official, and in doing surrendering. The court could see no purpose in section 7(2) unless this was allowed.
Glidewell LJ said: ‘what precisely constitutes the person or body to whom a person on bail is to surrender depends upon the procedure followed at the particular court and the directions given in accordance with that procedure to the person who is coming to surrender . . If having done so the person at the Inquiry office said: ‘Go to the cells and surrender to a prison officer’ that would have been the surrender. If the Inquiry Officer says: ‘Go and sit in the concourse until your case is called,’ then the court procedure envisages that being the surrender to the court.’ and
‘I take the view that if a court provides a procedure which directs – there has to be some form of direction, by notice or by oral direction – a person surrendering to bail to report to a particular office or to a particular official, when he complies with that direction he surrenders to his bail.’
Judges:
Glidewell LJ
Citations:
(1989) 88 Cr App R 97, [1988] QB 701
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Central Criminal Court Ex Parte Guney HL 10-May-1996
The defendant was given bail supported by sureties for his attendance. The appellant signed for andpound;1m for his attendance. There was a preparatory hearing at a new court building without cells or a dock. The defendant was present. The surety . .
Cited – Evans, Regina v CACD 16-Nov-2011
The defendant came to court, and his counsel informed the court of this, but then he left. Had he surrendered to his bail? He surrendered and was taken to court. He pleaded guilty to the Bail Act offence and was sentenced, but then was allowed to . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 05 May 2022; Ref: scu.279666