LAW REPORT: Nadir surety need not forfeit recognisance

LAW REPORT: 6 June 1996; Regina v Central Criminal Court, ex parte Guney; HL (Lord Goff of Chieveley, Lord Jauncey of Tullichettle, Lord Slynn of Hadley, Lord Steyn and Lord Hoffmann) 9 May 1996

Regina v Central Criminal Court, ex parte Guney; HL (Lord Goff of Chieveley, Lord Jauncey of Tullichettle, Lord Slynn of Hadley, Lord Steyn and Lord Hoffmann) 9 May 1996

A defendant surrendered to the custody of the Crown Court when, in response to being told to do so, he attended a preparatory hearing and pleaded to an arraignment. From then on his detention or bail was a matter for the trial judge. Any earlier arrangements as to bail at that point ceased to apply and a recognisance entered into as a condition thereof could no longer be forfeited if the defendant later absconded.

The House of Lords dismissed an appeal by the Serious Fraud Office and affirmed the decision of the Court of Appeal (Law Report, 2 February 1995; [1995] 1 WLR 576) allowing an appeal by Ramadam Guney against the decision of the Queen's Bench Divisional Court (Law Report, 10 February 1994; [1994] 1 WLR 438) refusing judicial review of the order of Mr Justice Tuckey, on 30 July 1993, that Mr Guney, who had stood surety for Asil Nadir in the sum of pounds 1m when the latter was granted bail in December 1990, should forfeit pounds 650,000 or serve two years' imprisonment in default of payment, following Mr Nadir's abscondence on 4 May 1993.

On 22 June 1992, Mr Nadir, who was to be tried for a number of offences of theft and false accounting, appeared before the Central Criminal Court (sitting in a room at Chichester Rents) for a preparatory hearing of the type held in complex fraud cases, pursuant to sections 7 to 9 of the Criminal Justice Act 1987. Section 8(2) provided that arraignment should take place at such a hearing.

There was no dock in the room so Mr Nadir simply stood up. He was formally arraigned and pleaded not guilty to the charges put to him. At no stage during the hearing was any reference made to Mr Nadir's bail. The fact that Mr Guney was not present to agree to any extension of his recognisance caused counsel for both sides to agree that it was unnecessary for Mr Nadir to surrender to the custody of the court on this occasion. Both counsel believed their agreement effectively kept Mr Guney's recognisance in force. The judge was not informed of this arrangement.

Robert Owen QC, David Calvert-Smith and Simon Browne-Wilkinson (SFO) for the appellant; Edmund Lawson QC and Russell Houston (Kaim Todner) for Mr Guney.

Lord Steyn said the duty of a defendant who had been granted bail by the magistrates was to surrender to the custody of the court at the required time and place and, depending on arrangements at various trial centres, he might be required to report to a particular office or official: see DPP v Richards [1988] QB 701 at 711.

What happened when the defendant, although present at the court hearing, was not officially required to surrender but was formally arraigned? Did he remain on bail after arraignment until the judge ordered otherwise?

The arraignment of a defendant involved calling him to the bar by name, reading the indictment to him and asking him whether he pleaded guilty or not guilty. When a defendant who had not previously surrendered to custody was so arraigned, he surrendered to the custody of the court. His further detention was solely within the discretion and power of the judge. Therefore unless the judge granted bail the defendant remained in custody pending and during his trial.

Given the express provisions of section 8 of the 1987 Act, the trial began with a preparatory hearing and arraignment took place at the start of the hearing.

Since arraignment operated in law as a surrender to custody, the judge might not in law abdicate his responsibility in respect of the defendant's custody. He could not deprive an arraignment of its legal effect. Nor, a fortiori, could an agreement between the parties divest an arraignment of its effect on bail.

Whatever might mistakenly have been thought and done in the past, the rule was that, where a defendant had not previously surrendered to custody, his arraignment amounted in all cases as a matter of law to such surrender.

Paul Magrath, Barrister

Start your day with The Independent, sign up for daily news emails
Voices
Lucerne’s Hotel Château Gütsch, one of the lots in our Homeless Veterans appeal charity auction
charity appeal
Arts and Entertainment
Tony Hughes (James Nesbitt) after his son Olly disappeared on a family holiday in France
tv
News
people

Jo from Northern Ireland was less than impressed by Russell Brand's attempt to stage a publicity stunt

Sport
Scunthorpe goalkeeper Sam Slocombe (left) is congratulated by winning penalty taker Miguel Llera (right)
football
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
News
ebooksNow available in paperback
Arts and Entertainment
The Apprentice candidates Roisin Hogan, Solomon Akhtar, Mark Wright, Bianca Miller, Daniel Lassman
tvReview: But which contestants got the boot?
Life and Style
A woman walks by a pandal art installation entitled 'Mars Mission' with the figure of an astronaut during the Durga Puja festival in Calcutta, India
techHow we’ll investigate the existence of, and maybe move in with, our alien neighbours
Arts and Entertainment
Jim Carrey and Jeff Daniels ride again in Dumb and Dumber To
filmReview: Dumb And Dumber To was a really stupid idea
Arts and Entertainment
Sir Ian McKellen tempts the Cookie Monster
tvSir Ian McKellen joins the Cookie Monster for a lesson on temptation
News
i100
Travel
Tourists bask in the sun beneath the skyscrapers of Dubai
travelBritish embassy uses social media campaign to issue travel advice for festive holiday-makers in UAE
Arts and Entertainment
Jennifer Saunders stars as Miss Windsor, Dennis's hysterical French teacher
filmJennifer Saunders and Kate Moss join David Walliams on set for TV adaptation of The Boy in the Dress
Life and Style
tech
Sport
Nabil Bentaleb (centre) celebrates putting Tottenham ahead
footballTottenham 4 Newcastle 0: Spurs fans dreaming of Wembley final after dominant win
Voices
Jimmy Mubenga died after being restrained on an aircraft by G4S escorts
voicesJonathan Cox: Tragedy of Jimmy Mubenga highlights lack of dignity shown to migrants
Life and Style
Sebastian Siemiatkowski is the 33-year-old co-founder and CEO of Klarna, which provides a simple way for people to buy things online
tech
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Ashdown Group: Helpdesk Analyst

£25000 per annum: Ashdown Group: An established media firm based in Surrey is ...

Ashdown Group: Java Developer - Hertfordshire - £47,000 + bonus + benefits

£40000 - £470000 per annum + bonus: Ashdown Group: Java Developer / J2EE Devel...

Ashdown Group: Head of Finance - Financial Director - London - £70,000

£70000 per annum: Ashdown Group: Head of Finance - Financial Controller - Fina...

Recruitment Genius: Business Development Executive - Nationwide - OTE £65,000

£30000 - £65000 per annum: Recruitment Genius: This small technology business ...

Day In a Page

Jeb Bush vs Hillary Clinton: The power dynamics of the two first families

Jeb Bush vs Hillary Clinton

Karen Tumulty explores the power dynamics of the two first families
Stockholm is rivalling Silicon Valley with a hotbed of technology start-ups

Stockholm is rivalling Silicon Valley

The Swedish capital is home to two of the most popular video games in the world, as well as thousands of technology start-ups worth hundreds of millions of pounds – and it's all happened since 2009
Did Japanese workers really get their symbols mixed up and display Santa on a crucifix?

Crucified Santa: Urban myth refuses to die

The story goes that Japanese store workers created a life-size effigy of a smiling "Father Kurisumasu" attached to a facsimile of Our Lord's final instrument of torture
Jennifer Saunders and Kate Moss join David Walliams on set for TV adaptation of The Boy in the Dress

The Boy in the Dress: On set with the stars

Walliams' story about a boy who goes to school in a dress will be shown this Christmas
La Famille Bélier is being touted as this year's Amelie - so why are many in the deaf community outraged by it?

Deaf community outraged by La Famille Bélier

The new film tells the story of a deaf-mute farming family and is being touted as this year's Amelie
10 best high-end laptops

10 best high-end laptops

From lightweight and zippy devices to gaming beasts, we test the latest in top-spec portable computers
Michael Carberry: ‘After such a tough time, I’m not sure I will stay in the game’

Michael Carberry: ‘After such a tough time, I’m not sure I will stay in the game’

The batsman has grown disillusioned after England’s Ashes debacle and allegations linking him to the Pietersen affair
Susie Wolff: A driving force in battle for equality behind the wheel

Susie Wolff: A driving force in battle for equality behind the wheel

The Williams driver has had plenty of doubters, but hopes she will be judged by her ability in the cockpit
Adam Gemili interview: 'No abs Adam' plans to muscle in on Usain Bolt's turf

'No abs Adam' plans to muscle in on Usain Bolt's turf

After a year touched by tragedy, Adam Gemili wants to become the sixth Briton to run a sub-10sec 100m
Calls for a military mental health 'quality mark'

Homeless Veterans campaign

Expert calls for military mental health 'quality mark'
Racton Man: Analysis shows famous skeleton was a 6ft Bronze Age superman

Meet Racton Man

Analysis shows famous skeleton was a 6ft Bronze Age superman
Garden Bridge: St Paul’s adds to £175m project’s troubled waters

Garden Bridge

St Paul’s adds to £175m project’s troubled waters
Stuff your own Christmas mouse ornament: An evening class in taxidermy with a festive feel

Stuff your own Christmas mouse ornament

An evening class in taxidermy with a festive feel
Joint Enterprise: The legal doctrine which critics say has caused hundreds of miscarriages of justice

Joint Enterprise

The legal doctrine which critics say has caused hundreds of miscarriages of justice
Freud and Eros: Love, Lust and Longing at the Freud Museum: Objects of Desire

Freud and Eros

Love, Lust and Longing at the Freud Museum