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MG8 BREACH OF BAIL CONDITIONS


The purpose of this form is:

To provide the prosecutor with details of the original charges, conditions imposed and evidence of how these conditions are alleged to have been breached.

It also enables the prosecutor to provide police with the result of the breach hearing.



MG8 – BREACH OF BAIL CONDITIONS GUIDANCE NOTES


1. Breach of bail conditions can occur in two different situations:

(i) The defendant is arrested for breach of conditional bail relating to the offence for which the conditions were imposed. In these circumstances record the original URN in the upper box. A new URN is not required in these circumstances.

(ii) The defendant is arrested for a new separate and unrelated offence and at the same time is also on police/court conditional bail for a previous separate offence. In these circumstances record the URN as follows:

If the defendant is charged with new offence(s), record the new URN in the upper box and previous offence URN in the lower box for breach of bail conditions.

If the defendant is not charged with the new offence but kept in custody for breach of bail conditions on the previous offence(s), record the previous original URN in the upper box only.


For guidance on breach of pre-charge conditional bail see ACPO Guidance on Bail with Conditions (pre-charge).

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Where more than one MG11 has been taken from a witness, the number of MG11s should be indicated here.

Witness details will only be passed to the Witness Service once the relevant Witness Care Unit has obtained consent from that witness to do so.

Before the MG9 is passed to the Witness Service the previous convictions column should be edited out.

Witnesses should be listed as follows:

Victim/main witness

Non-police witness(es)

Expert witness(es)

Other police officers (in order they witnessed events)

Officer in case (OIC) Witness MG11s should appear on the file in the same sequence.

The form should be dated to indicate when PNC checks were conducted on witnesses.

If there is a change to the details of a known witness, a revised MG9 should be submitted, headed “Revised Witness List”. The revised list and any accompanying MG11s should be sent with a covering note on form MG20, highlighting the new witness and/or MG11s.

An MG9 should be completed for all post - charge files.