A defendant is deemed to have surrendered to court custody when attending as directed; a surety was not estreated when he failed to attend at a later hearing after an adjournment.
Sir Thomas Bingham MR (dissenting) said that there is nothing in the process of arraignment which in law requires, or in fact amounts to, a surrender to the custody of the court.
Sir Peter Gibson LJ said: ‘In my judgment a surrender to the custody of the court occurs when a defendant on bail and under a duty so to surrender is required to attend the court and responds by attending the court and overtly subjecting himself to the directions of the court. This he does at the latest when he is arraigned at the commencement of the trial, but he may do so earlier.’
Sir Michael Mann said that ‘Arraignment provides a clearly identifiable moment of surrender (which may, however, in some cases occur earlier).’
Judges:
Sir Thomas Bingham MR, Sir Peter Gibson LJ, Sir Michael Mann
Citations:
Gazette 08-Mar-1995, Times 03-Feb-1995, Independent 02-Feb-1995, [1995] 1 WLR 576
Statutes:
Bail Act 1946 3, Magistrates’ Courts Act 1980 128
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina v Central Criminal Court Ex Parte Guney QBD 1-Feb-1994
An arraignment was valid despite non attendance at court, and the surety’s duties were not terminated. Arraignment in absence if defendant is not a surrender to custody for bail. . .
Appealed to – 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 by:
Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 09 December 2022; Ref: scu.86313