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GLOSSARY

Absconding definition

Published by a LexisNexis Dispute Resolution expert

What does Absconding mean?

Leaving an address or area that a defendant has been bailed to without seeking the permission of the police or Judge, and failing to return within a reasonable time.

Absconding may be used as a general term, but is also a specific offence under the Bail Act 1976, s 6. A person who has been released on bail in criminal proceedings fails without reasonable cause to surrender to custody is held to have absconded. It is for that person to show the reasonable cause, if any, for not surrendering to his bail.

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Absconding and fraudulent dealings with property

Proceedings for offences of absconding and fraudulent dealings with propertyThe Insolvency Act 1986 (IA 1986) creates specific offences relating to property and an individual adjudged bankrupt.These include:•absconding with property•disposing of property obtained on credit, not paid for, and•acquiring property where money is owed by a bankruptIn each case the onus is on the prosecution to prove that the defendant was bankrupt at the relevant time.All of the offences are triable in either the magistrates' court or the Crown Court.Proceedings cannot be instituted after a bankruptcy order has been annulled and the bankrupt has been restored to his pre-bankruptcy status. Prior to annulment there is nothing to prevent the institution of proceedings.The IA 1986 expressly provides that a bankrupt is not guilty of an offence in respect of any thing done after the discharge of the bankruptcy order.Proceedings for each offence can only be instituted by the Secretary of State or by, or with the consent of, the Director of Public Prosecutions.Elements of the offence of absconding with propertyA bankrupt person...

Absconding and breach of bail conditions in criminal court proceedings

This Practice Note explains when the court can issue a warrant for arrest and the consequences of failing to surrender to court (absconding) or breaching conditions of court bail. It sets out the procedure for dealing with a defendant following their arrest for breach of bail conditions or failure to surrender, along with the duties imposed on a police custody officer and court officer when facilitating their production at court. The Practice Note: Securities, sureties and other conditions of court bail provides details of the types of bail conditions that can be imposed by the court. For information relating to police bail conditions and failing to surrender to police bail, see Practice Note: Breach of police bail.Bench warrantsThe Bail Act 1976 (BA 1976) provides that if a defendant fails to appear at court to answer bail, the court may issue a warrant for their arrest. This is called a bench warrant.A defendant who is granted bail by the court must comply with any bail conditions imposed and must surrender to...

Discover our 24 Practice Notes on Absconding

Where an applicant has been in the UK on a spouse visa but then makes an incorrect application (that is refused) they are technically now overstaying. They will be making a correct application for extension of their spouse visa (now expired) and they meet all of the criteria. If this application is granted, will they still be on the five-year route to settlement, or could they be put on the ten-year route? Will their residence start from scratch?

Where an applicant has been in the UK on a spouse visa but then makes an incorrect application (that is refused) they are technically now overstaying. They will be making a correct application for extension of their spouse visa (now expired) and they meet all of the criteria. If this application is granted, will they still be on the five-year route to settlement, or could they be put on the ten-year route? Will their residence start from scratch? A person who had completed their first period of leave as a partner under the five-year route of Immigration Rules, Appendix FM, but whose application to extend their stay was refused, will be able to re-apply under the five-year route if that application is made within 14 days of the refusal (assuming the initial application was made in time) (Immigration Rules, Appendix FM, para E-LTRP.2.2 sub-para (b) and Immigration Rules, Part 1, para 39E sub-para (2)). This assumes all other requirements of the five-year route Rules are met. If...

My client is ill and or is self isolating due to coronavirus (COVID-19). What steps can be taken in the event they cannot report for bail, attend court or attend an arranged interview under caution?

My client is ill and or is self isolating due to coronavirus (COVID-19). What steps can be taken in the event they cannot report for bail, attend court or attend an arranged interview under caution? Currently, we are experiencing unprecedented times and the outbreak of coronavirus (Covid-19) is causing significant problems within the criminal justice system and so courts and police stations are required to find new ways to deal with it. In order to assist with this, a Protocol has been issued in relation interviews during the pandemic which may assist if a suspect is in self-isolation or experiencing symptoms of coronavirus. Most importantly, this guidance provides for interviews to be able to take place remotely, stating that: ‘The signatories to this Protocol accept that remote interviews by video and audio link are not within the current letter of the Code of Practice, but in the present circumstances of the Coronavirus pandemic they are within the spirit of recent amendments to criminal procedure, law and evidence...

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Transitional mismatch in prison transfer cases (R (Allen) v Secretary of State for Justice)

Public Law analysis: The decision of the Secretary of State for Justice to reject Parole Board recommendations for an indeterminate prisoner to be transferred to an open prison was quashed in Judicial Review proceedings. ‘Open conditions prison transfer’ has generated a considerably large amount of caselaw as one of ‘the hottest topics in contemporary Public Law’, as His Honour Judge Tindal aptly put it at the outset of his judgment in the case. Despite being an area with no shortage of first-instance authorities, there remains a lacuna in two arenas: firstly, substantial Court of Appeal authority and secondly, authorities which deal with the 2023 Parole Board guidance which is currently in force. Allen provides important clarification on the proper approach to be taken to the transitional mismatch of policy and emphasised the need for the Secretary of State for Justice’s decisions in these cases to afford ‘appropriate respect’ by making some meaningful reference to the Parole Board’s recommendations to justify departure. Written by Anjelica Smerin, pupil, and Richard Furlong, barrister...

Home Office releases evaluation of GPS expansion pilot

The Home Office has published an evaluation report on its GPS expansion pilot, which aimed to test the use of electronic monitoring (EM) as a condition of immigration bail from June 2022 to December 2023. The Home Office's pilot tracked two groups of individuals on immigration bail. The first group were subjected to both electronic monitoring and regular in-person reporting to the Home Office. The second group, serving as a control, only participated in reporting. The evaluation analysed the behaviours of these two groups to assess the impact, if any, of EM on compliance.

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