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Review Your SQE 1 Practice Records

Examination Timing: 00H01M20S

Your client, Andrew Morgan, has been granted conditional bail and his case is adjourned for one week for the prosecution to provide disclosure of their case. Andrew’s bail conditions are that he resides at his home address and reports to his local police station every Monday, Wednesday, and Saturday between 5pm and 7pm. Andrew decides to visit his sister who lives in another part of the country and forgets all about signing on at the police station. He also stays with his sister for two days. Upon his return home, he goes to the police station the following day to sign on and explains to the officer on duty that he forgot to sign on three days ago because he had been staying at his sister’s house. He provides details of where his sister lives. Which one of the following best describe what is likely to happen in these circumstances?

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You have chosen the incorrect answer.
Your selected option: E

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It is likely that Andrew will be arrested in these circumstances, but the police have discretion whether to do so or not, so D is not correct. Breaching bail is not an offence, so Andrew will not be charged with this if he is arrested, so A is incorrect. B is also incorrect because while the magistrates’ court may grant bail with or without conditions, it may also refuse to grant bail pending his next substantive hearing. Finally, there is no requirement for the court to hear oral evidence when deciding whether bail conditions have been breached. Given Andrew’s admission about staying at his sister’s house, it is clear that he is in breach, which the police can easily prove, so D is also wrong for this reason. Therefore, the magistrates will decide whether to grant him bail again, making C the correct option. 

Key Point: This question tests the understanding of the consequences of breaching bail conditions, the discretionary powers of the police, and the magistrates' role in deciding bail matters.

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