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

The Banksy image in Folkestone before it was vandalised
Life and Style

Sales of the tablet are set to fall again, say analysts

football West Brom vs Man Utd match report: Blind grabs point, but away form a problem for Van Gaal
Arts and Entertainment
Gotham is coming to UK shores this autumn
tvGotham, episode 2, review
Have you tried new the Independent Digital Edition apps?
ebooksAn unforgettable anthology of contemporary reportage
Arts and Entertainment
Bloom Time: Mira Sorvino
tvMira Sorvino on leaving movie roles for 'The Intruders'
First woman: Valentina Tereshkova
peopleNASA guinea pig Kate Greene thinks it might fly
Brian Harvey turned up at Downing Street today demanding to speak to the Prime Minister

Met Police confirm there was a 'minor disturbance' and that no-one was arrested

Arts and Entertainment
George Lucas poses with a group of Star Wars-inspired Disney characters at Disney's Hollywood Studios in 2010

George Lucas criticises the major Hollywood film studios

Chris Grayling, Justice Secretary: 'There are pressures which we are facing but there is not a crisis'

Does Chris Grayling realise what a vague concept he is dealing with?

Life and Style
A street vendor in Mexico City sells Dorilocos, which are topped with carrot, jimaca, cucumber, peanuts, pork rinds, spices and hot sauce
food + drink

Trend which requires crisps, a fork and a strong stomach is sweeping Mexico's streets

Life and Style
The charity Sands reports that 11 babies are stillborn everyday in the UK
lifeEleven babies are stillborn every day in the UK, yet no one speaks about this silent tragedy
Blackpool is expected to become one of the first places to introduce the Government’s controversial new Public Space Protection Orders (PSPOs)

Parties threaten resort's image as a family destination

Life and Style
Northern soul mecca the Wigan Casino
fashionGone are the punks, casuals, new romantics, ravers, skaters, crusties. Now all kids look the same
Life and Style

I Am Bread could actually be a challenging and nuanced title

Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating

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

iJobs Job Widget
iJobs General

Year 5 Teacher

£80 - £140 per day: Randstad Education Leeds: Year 5 Teacher KS2 teaching job...

Software Developer

£35000 - £45000 Per Annum Pensions Scheme After 6 Months: Clearwater People So...

Systems Analyst / Business Analyst - Central London

£35000 - £37000 per annum + Benefits: Ashdown Group: Systems Analyst / Busines...

Senior Change Engineer (Network, Cisco, Juniper) £30k

£30000 - £35000 per annum + Benefits: Ampersand Consulting LLP: Senior Change ...

Day In a Page

Two super-sized ships have cruised into British waters, but how big can these behemoths get?

Super-sized ships: How big can they get?

Two of the largest vessels in the world cruised into UK waters last week
British doctors on brink of 'cure' for paralysis with spinal cord treatment

British doctors on brink of cure for paralysis

Sufferers can now be offered the possibility of cure thanks to a revolutionary implant of regenerative cells
Ranked seventh in world’s best tourist cities - not London, or Edinburgh, but Salisbury

Salisbury ranked seventh in world’s best tourist cities

The city is home to one of the four surviving copies of the Magna Carta, along with the world’s oldest mechanical clock
Let's talk about loss

We need to talk about loss

Secrecy and silence surround stillbirth
Will there be an all-female mission to Mars?

Will there be an all-female mission to Mars?

Women may be better suited to space travel than men are
Oscar Pistorius sentencing: The athlete's wealth and notoriety have provoked a long overdue debate on South African prisons

'They poured water on, then electrified me...'

If Oscar Pistorius is sent to jail, his experience will not be that of other inmates
James Wharton: The former Guard now fighting discrimination against gay soldiers

The former Guard now fighting discrimination against gay soldiers

Life after the Army has brought new battles for the LGBT activist James Wharton
Ebola in the US: Panic over the virus threatens to infect President Obama's midterms

Panic over Ebola threatens to infect the midterms

Just one person has died, yet November's elections may be affected by what Republicans call 'Obama's Katrina', says Rupert Cornwell
Premier League coaches join the RSC to swap the tricks of their trades

Darling, you were fabulous! But offside...

Premier League coaches are joining the RSC to learn acting skills, and in turn they will teach its actors to play football. Nick Clark finds out why
How to dress with authority: Kirsty Wark and Camila Batmanghelidjh discuss the changing role of fashion in women's workwear

How to dress with authority

Kirsty Wark and Camila Batmanghelidjh discuss the changing role of fashion in women's workwear
New book on Joy Division's Ian Curtis sheds new light on the life of the late singer

New book on Ian Curtis sheds fresh light on the life of the late singer

'Joy Division were making art... Ian was for real' says author Jon Savage
Sean Harris: A rare interview with British acting's secret weapon

Sean Harris: A rare interview with British acting's secret weapon

The Bafta-winner talks Hollywood, being branded a psycho, and how Barbra Streisand is his true inspiration
Tim Minchin, interview: The musician, comedian and world's favourite ginger is on scorching form

Tim Minchin interview

For a no-holds-barred comedian who is scathing about woolly thinking and oppressive religiosity, he is surprisingly gentle in person
Boris Johnson's boozing won't win the puritan vote

Boris's boozing won't win the puritan vote

Many of us Brits still disapprove of conspicuous consumption – it's the way we were raised, says DJ Taylor
Ash frontman Tim Wheeler reveals how he came to terms with his father's dementia

Tim Wheeler: Alzheimer's, memories and my dad

Wheeler's dad suffered from Alzheimer's for three years. When he died, there was only one way the Ash frontman knew how to respond: with a heartfelt solo album