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 was not. Thinking that they were thereby preserving the recognisance, counsel agreed between themselves that there was no need for the defendant to surrender into the custody of the court. The judge was not aware of that discussion. The defendant then fell to be arraigned having been asked by the judge to stand up in the place in court where he was sitting. There were further hearings but after several of them the defendant absconded by leaving the country and remained away for many years. The Crown sought to estreat the recognisance and the liability of the surety depended upon whether counsel’s agreement meant that the defendant had not surrendered. The prosecution appealed against a decision that he had surrendered to his bail.
Held: Whenever else it might occur surrender is accomplished as a matter of law when the defendant is arraigned. Any practice of a judge directing that despite arraignment the defendant should be deemed not to have surrendered was a direction devoid of legal consequence. A later non attendance at an adjourned hearing did not lead to the forfeiture of a surety.
Lord Goff of Chieveley, Lord Jauncey of Tullichettle, Lord Slynn of Hadley, Lord Steyn, Lord Hoffmann
Times 10-May-1996, [1996] UKHL 11, [1996] AC 616, [1996] 2 All ER 705, [1996] 2 WLR 675
Bailii
Criminal Justice Act 1987 8, Bail Act 1946 3, Magistrates’ Courts Act 1980 128
England and Wales
Citing:
Appeal from – Regina v Central Criminal Court Ex Parte Guney CA 2-Feb-1995
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 . .
At First Instance – 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. . .
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 by:
Appealed to – Regina v Central Criminal Court Ex Parte Guney CA 2-Feb-1995
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 . .
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.
Updated: 30 July 2021; Ref: scu.86310
