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In a child abuse case the court will consider the interests of the child victim(s). Officers must discuss with Social Services the impact of any proposed bail conditions on the child/children. If a condition would prevent any affected child/children returning home then police should indicate the views of Social Services re this on an MG6 as this is likely to be sensitive or confidential information.
Police should also consider the position of any child who is not a victim but who may reside at an address to which the defendant might be bailed.
At the end of the hearing the Crown Prosecutor must ensure that these papers are attached to the original file. Direct contact must be made immediately with the officer in the case if bail is granted in cases involving vulnerable or intimidated witnesses.
Insert original or new URN as appropriate.
See Note 1
It is good practice to attach an MG11 outlining the alleged breach, circumstances of arrest (e.g. defendant attempts to evade capture, etc), and any responses from the defendant (on arrest or in interview) as to why he/she breached bail.
This will enable the prosecutor to address any justification for the breach raised by the defence at court.
This time constraint is in accordance with Section 7(4) Bail Act 1976, otherwise the court cannot hear the application and further detention is unlawful.
This form is to be completed for a breach of police or court imposed bail conditions. It may be hand written but must be legible. The form must be copied to the defence (given to defendant or their legal representative) and to the court as soon as possible.