R v Abdulrahman Haddad
[2024] EWCA Crim 1027
R v George Ward
21 February 2023
[2023] EWCA Crim 236
Court of Appeal
A man didn't show up to court several times after being released on bail. He pleaded guilty to this. The judge sentenced him without a prosecutor present. The higher court said this was okay because he'd already admitted guilt and the judge acted fairly. The sentence was also found to be reasonable.
Key Facts
- •George Ward (27) admitted failure to surrender to bail (Bail Act 1976, s.6(2)).
- •He contested a charge under s.6(1) (failure to surrender without reasonable cause), which was not pursued.
- •Ward's defence was lack of money to attend court on the initial date (5 September 2022), but he admitted subsequent failures to surrender.
- •The underlying matter involved a community order for assault, with a contested breach allegation ultimately dismissed in Ward's absence.
- •Ward failed to appear on multiple occasions (14 October, 28 October, 18 November 2022) before surrendering on 13 February 2023.
- •The Recorder sentenced Ward without appointing a prosecutor, leading to an appeal on procedural grounds.
- •The Recorder considered the failures to surrender to represent 'giving the court the runaround' and causing substantial delay.
- •The Recorder initially misstated the guideline category (2B instead of 1B), but the starting point of 21 days' custody was consistent with 1B.
Legal Principles
Bail Act 1976, s.6(1): Failure to surrender without reasonable cause is an offence.
Bail Act 1976
Bail Act 1976, s.6(2): Failure to surrender after reasonable cause for initial delay is an offence, provided it's not reasonably practicable.
Bail Act 1976
A judge can initiate proceedings for failure to surrender; a prosecutor's involvement isn't always mandatory.
Archbold 2023, para 14C.4
Article 6 ECHR: Right to a fair trial, including impartiality of the court.
European Court of Human Rights Case Law (Kyprianou v Cyprus, Slomka v Poland, Deli v The Republic of Moldova)
Outcomes
Appeal against conviction dismissed.
No procedural error occurred; the judge was entitled to initiate and hear the admitted offence without a prosecutor. The ECHR principles did not apply as the guilt was admitted.
Appeal against sentence dismissed.
The sentence (14 days) was proportionate to the Category 1B offence and the circumstances. The Recorder considered mitigating factors (prompt plea, underlying matter dismissed) appropriately.