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 change his plea. He appealed against his conviction for failure to surrender to bail.
Held: By the time the judge received the request, he was functus officio, having already sentenced the defendant. It was not open to him to re-open the plea (McNally). This had not been changed by the 2000 Act. However that did not deprive the appellate court of that power.
As to whether he had surrendered: ‘the general practice of accepting surrender by way of entry into the dock accords not only with common experience and general practice, but also with principle. However, by analogy with Guney we agree that in the Crown Court surrender may also be accomplished by the commencement of any hearing before the judge where the defendant is formally identified and whether he enters the dock or not. ‘
Surrender to the usher would not be sufficient, the usher not being within the definition in 2(2) of the 1976 Act.
Hughes VP LJ, Owen, Lang JJ
[2011] EWCA Crim 2842, [2012] 2 Cr App R 22, (2012) 176 JP 139, [2012] 1 WLR 1192
Bailii
Powers of Criminal Courts (Sentencing) Act 2000 155
England and Wales
Citing:
Cited – Regina v McNally CCA 1954
The appellant had indicated early in the magistrates’ court an intention to plead guilty, he could not possibly have misunderstood the nature of a straightforward charge of burglary and he had unequivocally admitted guilt when the indictment was put . .
Cited – Regina v Rumble CACD 2003
The defendant had surrendered to his bail at a Magistrates Court. There was no usher and no security staff. Following imposition of a custodial sentence, the defendant escaped through the public entrance. It was submitted on an appeal that the . .
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 – Director of Public Prosecutions v Richards QBD 1988
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 . .
Cited – Regina v Reader CACD 1987
The offence of absconding whilst on bail has never constituted a contempt of court. Even so it is punishable as if it were contempt. . .
Cited – Schiavo v Anderton QBD 1986
‘Surrender to custody’ means by section 2(2) in this context ‘surrendering himself into the custody of the court . . at the time and place for the time being appointed for him to do so.’ The failure to do that is by section 6(1) an offence. The . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Leading Case
Updated: 11 November 2021; Ref: scu.450299