R v Abdulrahman Haddad
[2024] EWCA Crim 1027
R v Gurpal Raytt
11 July 2024
[2024] EWCA Crim 828
Court of Appeal
Mr. Raytt was wrongly convicted of skipping bail because he actually just didn't show up for a court summons. The higher court fixed the mistake, threw out the conviction, and stopped any further actions based on it.
Key Facts
- •Gurpal Raytt (33) applied for a 176-day extension to appeal his conviction for failing to surrender to bail.
- •Raytt was not actually on bail; his failure was to obey a summons.
- •He was initially sentenced to a community order for breaching a restraining order.
- •He was summoned to court for breaching his curfew but failed to attend, leading to a warrant for his arrest.
- •He pleaded guilty to 'Breach of Bail Act Order' and 'Failed to surrender to custody at appointed time', but this was based on a misunderstanding.
- •The Crown Court erroneously treated his failure to attend the summons as failing to surrender to bail.
- •Raytt was sentenced to two days' imprisonment, triggering a 12-month post-sentence supervision.
- •Subsequent proceedings were commenced against him in the Magistrates' Court for alleged breach of supervision.
Legal Principles
An appeal lies as of right against a conviction for failure to surrender to bail treated as criminal contempt.
Section 13 of the Administration of Justice Act 1960 and section 6(5) of the Bail Act 1976
The time for appealing a conviction can be extended.
Section 18A of the Criminal Appeal Act 1968
Outcomes
Time was extended and leave to appeal was granted.
The applicant was convicted of an offence of which he could not have been guilty in law.
The appeal was allowed and the conviction was quashed.
The conviction was based on a misinterpretation of his failure to attend a summons as failing to surrender to bail.
The sentence triggering the 12-month supervision requirement was overturned.
The conviction upon which the supervision was based was quashed.
The Magistrates' Court proceedings should be discontinued.
The underlying conviction has been quashed.