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Magistrates’ Courts Act 1980

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Changes over time for: Section 113

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Changes to legislation:

Magistrates’ Courts Act 1980, Section 113 is up to date with all changes known to be in force on or before 28 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

113 Bail on appeal or case stated.E+W

(1)Where a person has given notice of appeal to the Crown Court against the decision of a magistrates’ court or has applied to a magistrates’ court to state a case for the opinion of the High Court, then, if he is in custody, the magistrates’ court may [F1, subject to section 25 of the Criminal Justice and Public Order Act 1994,] grant him bail.

(2)If a person is granted bail under subsection (1) above, the time and place at which he is to appear (except in the event of the determination in respect of which the case is stated being reversed by the High Court) shall be—

(a)if he has given notice of appeal, the Crown Court at the time appointed for the hearing of the appeal;

(b)if he has applied for the statement of a case, the magistrates’ court at such time within 10 days after the judgment of the High Court has been given as may be specified by the magistrates’ court;

and any recognizance that may be taken from him or from any surety for him shall be conditioned accordingly.

(3)Subsection (1) above shall not apply where the accused has been committed to the Crown Court for sentence under section 37 [F2above or [F3section 14, 15, 16 [F4, 16A] or 17 of the Sentencing Code]].

(4)Section 37(6) of the M1Criminal Justice Act 1948 (which relates to the currency of a sentence while a person is released on bail by the High Court) shall apply to a person released on bail by a magistrates’ court under this section pending the hearing of a case stated as it applies to a person released on bail by the High Court under section 22 of the M2Criminal Justice Act 1967.

Textual Amendments

F1Words in s. 113(1) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 44; S.I. 1995/721, art. 2, Sch. Appendix A

F2Words in s. 113(3) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 72

F3Words in s. 113(3) inserted (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 116; and words in s. 113(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 55 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

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