67-1023: Khalife (sometimes spelled Khalifé ) is a surname of Middle Eastern origin, and may refer to one of the following people: Daniel Khalife (born 2001), former British soldier and escaped prisoner Hilda Khalife (born 1973), Arabic TV presenter Ignace Abdo Khalifé , (1914–1998), Lebanese cleric, and the first Eparch of the Maronite Catholic Eparchy of Saint Maron of Sydney in Australia Marcel Khalife (born 1950), Lebanese musical composer, singer, and oud player Peter Khalife (born 1990), Lebanese-Cypriot football agent, manager, and former player Rami Khalifé (born 1981), French-Lebanese[2] composer and pianist Fady Khalife (born 1976), Registered Training Organisation Manager, Melbourne, Australia. See also [ edit ] Khalifa (disambiguation) [REDACTED] Topics referred to by
134-518: A police station , and limits on meeting specific people or going to specific places are more common conditions. The Bail Act 1976 was enacted with the aims of creating more conditions by which defendants could be denied bail and also redefining the parameters of fulfilling bail. The 1976 Act also nullified the recognizance system, removing the requirement of paying a specific amount of money and instead arresting defendants for failing to surrender. The main legislation relating to modern English bail are
201-582: A bicycle on the Grand Union Canal towpath near Rowdell Road in Northolt . The officer attended, drew his Taser , and told Khalife to get off the bicycle. Khalife was arrested at 10:41 am on suspicion of being unlawfully at large and escaping lawful custody, approximately 14 miles (23 km) from Wandsworth prison. In his possession was a mobile phone and a bag containing money and receipts which suggested that he had purchased clothes and credit for
268-474: A functional system for holding individuals securely at the time, fleeing to avoid justice was a systemic risk. To combat this risk alleged wrongdoers were allowed to pay 'bail', at the exact equivalent value of their bot, in exchange for going free until the date of trial. Some crimes, however, remained so serious that only custody was appropriate. After the Norman conquest of England , three practical pressures on
335-459: A maximum sentence of three months' imprisonment. The offence might also be dealt with as contempt of court, which could lead to a maximum sentence of 12 months' imprisonment. Appeals in criminal cases can be made, in the correct circumstances, to the High Court by way of case stated . Appeals by way of case stated are appeals that focus on legal matters (rather than facts). In these circumstances,
402-556: A new trial date was set to begin from 7 October 2024. On 11 November 2024, Khalife changed his plea to guilty for the charge of escaping lawful custody. On 28 November 2024, Khalife was found guilty of spying for Iran. He had contacted Iranian intelligence, and had also contacted the British security services to offer himself as a double agent. On 7 September 2023 Alex Chalk MP, the Justice Secretary, ordered an investigation into
469-455: A person from custody with or without conditions. All instances of bail (including 'unconditional bail') incorporate the requirement of appearing before a court at a set time and date. Where a person is released without any requirements on them at all, but is still being investigated, this is usually termed Release Under Investigation (RUI). A person may also be released with No Further Action (NFA) when they are no longer under suspicion. Release NFA
536-403: A person's bail designed to reduce their likelihood of committing further crimes, interfering with an investigation or absconding. This may be done by the police or a court. Police bail is more limited than court-imposed bail. Failure to meet bail conditions, including the requirement to attend court which applies in 'unconditional bail' cases, may result in a warrant being issued by the court for
603-619: A reason for detention. It is common for government officials or law enforcement agents to make immigration bail decisions on behalf of the Secretary of State . The First Tier Tribunal (Immigration and Asylum Chamber) may also make immigration bail decisions. The concept of using a monetary debt to ensure individual compliance with the justice system was developed in a decentralised manner across Anglo-Saxon communities in Great Britain. This system became increasingly centralised and legalised after
670-632: A requirement of PACE, a police officer of inspector rank or higher has the authority to release a person who has not been charged on bail. This is deemed to be a release on bail in accordance with sections 3, 3A, 5 and 5A of the Bail Act 1976. This so-called "police bail" lasts 28 days (or 3 months in Serious Fraud Office cases), after which the suspect is required to report to a specified police station, where they may be charged or released. In "exceptionally complex" cases, particularly those involving
737-481: A specific purpose. The purposes of conditions can be: 'Necessary' for these purposes is specifically defined. In this context, it means that the condition relates to a genuine (not fanciful) risk posed by the defendant, is specific and justifiable, enforceable, and effective. Bail may also be withheld where certain exceptions apply. Schedule 1 Bail Act 1976 sets out a number of exceptions to granting bail. Exactly which exceptions from schedule 1 apply will depend on
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#1732872930796804-410: Is as opposed to most offences, where there is a presumption that bail will apply unless there are particular reasons not to grant it as specified in the legislation. In some cases drug related offending, by a person who has previously failed to engage with a drug testing regime, will also fall under the exclusion of the right to bail. The police may offer bail in two different circumstances: where there
871-539: Is believed to have escaped by attaching himself to the underside of a food delivery lorry whilst he was working in the prison's kitchen. After three days as a fugitive , he was captured by the Metropolitan Police in Northolt , Greater London. In November 2024, Khalife was found guilty of spying for Iran . Daniel Abed Khalife was born on 27 September 2001 in London to an Iranian -born mother. He formerly lived in
938-546: Is commonly referred to as Release Under Investigation or RUI. A number of issues have been identified with the RUI process. The most prominent is that it lacks a statutory framework and therefore does not incorporate the specific time limits which would apply to a person were they released on bail. This means some people will be left without knowledge of how their case is progressing and with no timeframe for being told if they are either no longer being investigated, or being charged. As
1005-401: Is different from Wikidata All article disambiguation pages All disambiguation pages Daniel Khalife On 6 September 2023, Daniel Abed Khalife, a former British Army soldier who was on remand awaiting trial on terrorism charges , escaped from HM Prison Wandsworth in London. The escape triggered a nationwide police search and delays at major transport hubs. Khalife
1072-413: Is guaranteed in a wide range of contexts but is not absolute. The legal systems of England and Wales , Northern Ireland and of Scotland each deal with bail in similar but distinct ways. Bail can be granted by the courts , the police and certain other criminal justice authorities including the Serious Fraud Office (SFO) and Financial Conduct Authority (FCA) . Bail in this context is distinct from
1139-457: Is no power to alter bail conditions at this point. Further, breaches of police bail will likely influence any later decisions made in court about a person's bail. A Magistrates' or Crown Court is the most typical location for granting or varying bail in England and Wales. Which court grants bail will depend, among other things, on the nature of the offences being tried, the factual complexity of
1206-440: Is not enough evidence to charge a suspect (pre-charge bail) or once a suspect has been charged (post-charge bail). The Police and Crime Act 2017 made a number of amendments to PACE, one of which was to introduce an approach to police bail that applies bail only under specific circumstances. A result of this is that there is now a presumption that a person will be released from police custody with no restrictions on their freedom. This
1273-427: Is not explicitly incorporated into the provisions affecting police bail; however, the individual parts of PACE, notably ss. 34 and 37, incorporate the principle in substance if not form. There are two types of bail: conditional and unconditional. Unconditional bail means that the only requirement attached to the bail is to attend a court at a specified date and time. Conditional bail will attach further requirements to
1340-423: Is only terminology and does not inhibit the police from reopening investigations. Immigration bail refers to the practice of releasing individuals from immigration detention subject to conditions. It is a separate system from that of criminal offences bail. Unlike with bail in criminal offences, immigration bail does not necessarily occur because of a suspicion that the person has acted unlawfully, though this may be
1407-567: Is returnable; and certify the true Causes of Imprisonment. The Bill of Rights 1689 , made law at the accession of William of Orange and Mary II to the British throne, later introduced a principle of proportionality to bail by stating that "excessive bail ought not be required". This appears to have been the precursor of the Eighth Amendment to the United States Constitution . The last major shift in bail legislation before
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#17328729307961474-417: Is subject both to exceptions and exclusions discussed below. The Bail Act 1976 created a qualified right to be granted bail before conviction, except for when certain factors apply. This does not guarantee a person will get bail, but it places the onus on the prosecution to demonstrate why bail should be refused in preference to custody: General right to bail of accused persons and others. Section 4
1541-450: Is suitable – in some cases the prosecution may agree not to oppose bail, but the decision ultimately remains one for the magistrates to make. The decision will take place in two parts. First, whether bail should or should not be granted, and second, whether any conditions should be imposed. When deciding whether to grant bail, the court will consider if the right to bail applies, whether there are any statutory exceptions to bail relevant to
1608-515: The habeas corpus principles of Magna Carta , as the court found that the prerogative of the king to imprison subjects could not be overridden by the common law . Parliament was unhappy with the substantive legal outcome, but the circumstances around how this precedent was set may also have riled contemporary onlookers. Many historians have suggested that Charles I conspired with the Attorney General Robert Heath to manipulate
1675-697: The Criminal Law Act 1977 and contrary to section 58A of the Terrorism Act 2000 respectively. On 21 July, Khalife appeared at the Old Bailey and pleaded not guilty to charges under the Official Secrets Act and the Terrorism Act. His trial was due to begin on 13 November 2023. On 6 September 2023 Khalife escaped from HM Prison Wandsworth in south west London where he was being held on remand. He
1742-647: The Norman conquest . Strong statutory principles limiting the extent, nature and procedure for setting bail occurred in the 17th century during the English Civil War period. These are thought to have heavily influenced the nascent bail principles of the United States, including the Eighth Amendment to the United States Constitution . In Anglo-Saxon England , violence and feuding were a real and socially destabilising route used to correct actual or perceived wrongs. These approaches were originally incorporated into
1809-626: The Royal Borough of Kingston upon Thames . He attended Teddington School , a comprehensive school in Teddington , Greater London, where he was a talented runner. He left school in 2018. Khalife joined the army in 2018 or 2019. He was a network engineer serving with the Royal Corps of Signals , and was based at Beacon Barracks , Stafford . He was discharged from the army in May 2023, following
1876-401: The bail bonds system applied in the United States , and the approaches of the two systems differ markedly. The United Kingdom's approach to bail is more comparable to other common law jurisdictions including Canada , Australia , New Zealand and a number of Commonwealth nations , and British Overseas Territories to which English law applies directly. 'Bail' can refer to the release of
1943-431: The 1960s the 1898 Act had achieved its goal, as Home Office research found that the number of prisoners in custody due to a lack of funds for bail was very low. In the modern English bail system monetary payments play a very small role. Securities and sureties can be taken as conditions for being granted bail, but these amounts are not excessive. Wider restrictions such as curfews , electronic monitoring , presenting at
2010-509: The Bail Act 1976 and the Police and Criminal Evidence Act 1984 (PACE). Both Acts have been heavily amended by more recent legislation. Their division represents the major distinction in bail: bail issued by the police (or other law enforcement agencies) before charge and bail issued by a court after charge. PACE bail is subject to the standards set in s3, 3A, 5 and 5A of the Bail Act 1976. The qualified right to bail established by s4 Bail Act 1976
2077-581: The Financial Conduct Authority or Serious Fraud Office, the period may further be extended by an appropriate decision maker (an officer of the FCA or SFO, if applicable, or otherwise a police commander or assistant chief constable) up to 6 months, subject to representations from the suspect. After that, further extensions of bail, up to 6 months at a time, require a warrant to be issued by a magistrates' court . Police bail may be subject to conditions for
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2144-533: The High Court may grant bail in cases originally heard in the magistrates' court. An appeal can also be achieved by judicial review of the decision at Crown court level. While the High Court may have jurisdiction to review Crown court bail conditions in certain circumstances, the court will use this power sparingly. For a judicial review to be successful, the decision of the Crown court must be found to be unreasonable to
2211-553: The Magistrates' or Crown Court depending on context). In the latter case a defendant may decide whether they wish to be tried summarily by a Magistrates' Court or by a jury in the Crown Court (this is known as 'electing jury trial' ). However, the magistrates may consider likely sentence would be in excess of their powers and so require either the trial, or sentence alone, be heard before the Crown Court. Magistrates’ courts also deal with
2278-542: The Met undertook a search; this included using helicopters with infra-red technology to search for body heat. The Met said that 150 officers were involved in the search, in addition to police from other forces and members of the Border Force . From 8 September, a reward of up to £20,000 was offered for information leading to Khalife's arrest. At 5 pm on 8 September, police confirmed a sighting of Khalife in southwest London on
2345-626: The Metropolitan Police, described the escape as "clearly pre-planned", and that the police were investigating whether he was assisted in his escape by other prisoners, prison officers, or people from outside the prison. The chief prison inspector, Charlie Taylor, said that there are "too many prisoners in Wandsworth for the amount of staff who are there". Inspectors also stated that "more than 30% of prison officers were either absent or unable to work their full duties." On 9 May 2024 Taylor wrote to
2412-557: The Secretary of State for Justice to urge him to put the prison into emergency measures after an inspection raised concerns about ongoing failings in security at Wandsworth. On 10 September 2023 Chalk confirmed that approximately 40 inmates had been transferred from Wandsworth following a review after Khalife's escape from the prison. On 15 September figures published by the Ministry of Justice indicated that 80 prison officers (around 39% of
2479-485: The Senior Courts Act 1981. The appeal is a complete re-hearing of the arguments. It will usually take place within 48 hours of the initial decision. The procedure is governed by Criminal Procedure Rule 14.8. Where a defendant is charged with an imprisonable offence (and in some other limited situations) the prosecution can appeal a bail decision. They must notify the court they are appealing by saying so in court at
2546-516: The accusations were set out, including that he left canisters with wires at MOD Stafford on 2 January 2023 with the intent of "inducing in another the belief the item was likely to explode or ignite" and that he had accessed the Joint Personnel Administration to elicit personal information about soldiers "likely to be useful to a person committing or preparing an act of terrorism" in 2021. These offences were contrary to section 51 of
2613-512: The bailee's arrest. The modern law retains some of the historic exceptions to the right to bail. Section 25(2) of the Criminal Justice and Public Order Act 1994 establishes that the right to bail is excluded in cases of murder, attempted murder, rape and certain sexual offences where the defendant has already been convicted of one or more of those offences. Bail may still be granted in these cases, but only in exceptional circumstances. This
2680-472: The case and whether there is a real prospect of the defendant going to custody if convicted. Where the court grants bail or creates or varies conditions of bail it must give its reasons for doing so. Once a decision has been made to grant bail, the court will consider the appropriate conditions to impose. This decision is made from a starting point that assumes a right to have bail without conditions. Conditions can be added if and only if they are necessary for
2747-796: The charges relating to terrorism and breaking the Official Secrets Act . In August 2021, Khalife was arrested on suspicion of breaching the Official Secrets Act and was bailed and allowed to return to his army base. In January 2023, he was charged with terror and explosives offences and remanded to HM Prison Wandsworth, a Category B men's prison, to await his trial. The offences related to two incidents in Staffordshire , one in August 2021 and one in January 2023. Khalife appeared before Westminster Magistrates' Court on 7 February 2023 where details of
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2814-414: The court to consider bail. The defendant does not have an unqualified right to appear in bail applications; it may be that the court considers bail in circumstances where the defendant is not present if this does not cause injustice. The approach to deciding on bail will be largely the same as that taken by the Magistrates' court and described above; both conditional and unconditional bail can be granted by
2881-576: The court. The court must also give reasons whenever it refuses bail or alters bail conditions as set out in Criminal Procedure Rule 14.2 and where the CPS does not oppose bail, the court may still impose it. Under Schedule 1 of the Bail Act 1976, defendants have a right to make a second bail application for any reason and to have a full rehearing. Despite this, the second hearing does not have to reconsider points of fact or law that were already made in
2948-454: The criminal history or bad character of the defendant, known as 'ill-fame', was considered. Bad character suggested a person was less likely to follow the bail requirements and return to stand trial. However, problems of corruption remained and were exacerbated by a growing confusion about the exact meaning of 'light suspicion' and 'ill-fame'. As a result, clarifying amendments were made to these bail principles in 1486, requiring two justices of
3015-404: The escape with a preliminary report being requested to be ready by the end of the week. This will include investigating the vehicle in question, whether other prisoners could enact a similar escape, and how Khalife was assigned to the kitchen, usually a valued job given to trusted prisoners, where he had access to knives and a potential escape route. On 8 September Sir Mark Rowley , Commissioner of
3082-426: The first Statute of Westminster (1275) , setting three governing principles for bail in statute . First, the nature of the offence established whether or not bail was a possibility. It was now a statutory principle that some crimes were not suitable for release on bail. Second, the likelihood of conviction had to be considered – if a person was under 'light suspicion' they were more likely to be granted bail. Third,
3149-412: The first application. As a result, second hearings will not be available without a "material change of circumstances" having taken place. The Law Commission have suggested that the passing of significant time may, by itself, amount to a material change of circumstances. Not appearing at court as required by a person's bail is known as failure to surrender to bail. This is a summary criminal offence with
3216-472: The following purposes: However, they may not require a recognizance, surety or security (i.e. money either paid on release or promised, perhaps by a third party, in the event of breaching the other conditions or absconding), or require residence in a bail hostel. Breaching police imposed bail conditions is not a criminal offence in itself. However, the police have the authority to arrest any person in breach of their conditions then charge or re-bail them. There
3283-423: The incentive to escape justice. In order to limit escape without the use of jails, sheriffs were given powers under royal authority to hold wrongdoers in their jurisdiction until the travelling judges of the circuit courts came to the area. The sheriffs used the bail bond system to control unimprisoned defendants awaiting trial, but in doing so corruption became widespread. In response Parliament passed
3350-461: The initial stage of all Indictable offences and make an initial decision on bail before either-way or indictable cases are transferred to the Crown Court. An application for bail (i.e. to be released rather than remanded in custody) is an inquisitorial process, and the bench must be satisfied there is enough relevant information available to make an adequate decision before it acts. The prosecution and defence will both make submissions on whether bail
3417-515: The lockdown of the prison and informing the police. At 8:37 am, police stopped the food van in East Putney , and discovered strapping—possibly made from bedsheets—beneath the vehicle. Khalife's escape sparked a police search, and additional security checks at British airports and ports. During the night of 7/8 September, Richmond Park , the largest park in Greater London, was closed while
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#17328729307963484-679: The mobile phone. On 10 September the Metropolitan Police confirmed Khalife had been charged with escaping from lawful custody in relation to escaping from HMP Wandsworth. He appeared before Westminster Magistrates Court on 11 September, where he was remanded in custody until 29 September when he will appear at the Old Bailey. Following the hearing he was taken from court to the Category A Belmarsh Prison . On 21 September Khalife appeared in court from Belmarsh Prison via videolink and pleaded not guilty to escaping from lawful custody. On 21 December
3551-545: The modern system was the Bail Act 1898 . This allowed for justices of the peace to dispense with sureties in situations where they judged that requiring payments for bail would inhibit the course of justice, largely because this meant that many poorer criminals would languish in jail for petty crimes just because they could not afford bail. The Act appears to have had significant effect, despite contemporary criticism in Parliament, as
3618-487: The morning of the escape. They stated that a man fitting Khalife's description was seen walking away from a Bidfood van near Wandsworth Roundabout shortly after his escape; the man then walked towards Wandsworth town centre. On the morning of 9 September, Metropolitan Police reported that Khalife had been sighted overnight in the Chiswick area of London. A plain-clothed officer was informed that Khalife had been seen on
3685-515: The number of people released on bail before trial had increased to 25% by 1904. Debates around the nature and application of bail remained, and are still, contentious. In 1963, over half the prisoners remanded to custody instead of being bailed before trial were ultimately not given a custodial sentence after conviction. This led to significant questions being asked about the quality of the English bail process at that time. Nonetheless, it appears that by
3752-526: The outcome so as to bolster his power to raise funds, independent of Parliament, using fear of arbitrary imprisonment. As a peremptory response, Parliament passed the Petition of Right in 1628. This prohibited a person from being held in custody without being charged , among a range of other limitations it tried to place on royal power. Combatting another loophole in the system, the Habeas Corpus Act 1679
3819-509: The peace to assess the likelihood of conviction, and in 1554, requiring the justices' decision be made in an open hearing and recorded in writing. The English Civil War then had its impact on the law of bail. King Charles I imprisoned five landowners without charge ( Five Knights' Case ), exploiting a loophole in the Statute of Westminster 1275 that required the recital of a formal charge to arrange bail. The knights were refused release under
3886-407: The primitive legal system via the process of outlawing and ' hue and cry ' communal vigilantism . Over time, localised justice was increasingly stripped of violence through the system of 'bots', private payments to compensate grievances, and 'wites', payments to the monarch. As wrongdoing was essentially still a private affair, a value payment was a simple, non-violent solution. As prisons were not
3953-401: The same term This disambiguation page lists articles about people with the same name. If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Khalife&oldid=1221481303 " Category : Human name disambiguation pages Hidden categories: Short description
4020-554: The situation underlying those offences, and the history of the defendant. A Magistrates' Court is the lowest court in the English and Welsh legal system. There is no jury and hearings may be taken by a panel of three non-specialist volunteers called magistrates. In more complex cases a district judge (often referred to as DJ, who may be a lawyer sitting part time) may be present. Magistrates hear trials of lower level crimes which are designated as summary (only suitable for Magistrates' Court) or either-way (offences which may be heard in
4087-402: The spiralling increase in bail securities and sureties . In the original bot system a security was equal to the estimated value of the wrong. By the medieval era however, fear of the punishment after conviction had become so great that people were willing to abandon their securities to avoid the physical violence meted out by the courts. As a result these sums had to be increased so as to reduce
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#17328729307964154-490: The state influenced a more complex bail system: fear of corporal punishment, a poor prison system and a slow trial process. As criminal justice was increasingly centralised, the state became responsible for holding alleged wrongdoers until trial. Jails were unsanitary and dangerous places, inadequate to be widely used. At the same time the increased use of corporal punishment encouraged individuals to flee before trial. This use of corporal punishment has been linked by Cabrone to
4221-532: The time bail is granted and following up in writing within two hours, as required by the Criminal Procedure Rules 14.9. Where this happens, the defendant will be placed in custody until the appeal hearing has taken place. The Crown court will consider bail whenever there is a material change in the circumstances of the defendant and on any instance the defendant's case comes before the court. Therefore, specific bail applications do not need to be made for
4288-419: The type of offence being tried and the factual context including the defendant's previous offending, mental health, drug tests, and whether the court has been able to find substantial enough information to make an adequate bail decision. The Schedule 1 provisions apply in both the Crown court and magistrates' court, but vary based on the type of offence. Defendants may appeal the bail decision under section 81 of
4355-606: The workforce) did not turn up for work at Wandsworth Prison on the morning of Khalife's escape. The UK government said staffing levels were "above the minimum" needed. Bail in the United Kingdom Bail in the United Kingdom is the practice of releasing individuals from remand subject to certain conditions which are designed to enable criminal justice outcomes, primarily trials and police investigations, to be completed efficiently and effectively. The right to bail
4422-703: Was introduced to stop excessively long delays between custody and bail hearings . The Act makes clear the duty on sheriffs and other law officers to produce prisoners for trial hastily. Sheriff, &c. within Three Days after Service of Habeas Corpus, with the Exception of Treason and Felony, as and under the Regulations herein mentioned, to bring up the Body before the Court to which the Writ
4489-507: Was said to have been working in the prison kitchen and was wearing a chef's uniform consisting of a white t-shirt, red and white chequered trousers and brown steel-toe cap boots. The Metropolitan Police (Met) believe that Khalife escaped by hiding beneath a food delivery van using a material which was "made from bedsheets with clips at each end". A food supply vehicle had left the prison at 7:30 am and contingency plans for an "unaccounted prisoner" were activated at 7:50 am, including
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