SCHEDULES

SCHEDULE 1Further provision about remand under section 40

Remand in custody or on bail

2

1

The court may remand P in custody or on bail.

2

If remanded in custody, P is to be committed to custody to be brought before the court—

a

at the end of the period of remand, or

b

at such earlier time as the court may require.

3

The court may remand P on bail—

a

by taking from P a recognizance (with or without sureties) conditioned as provided in paragraph 3, or

b

by fixing the amount of the recognizances with a view to their being taken subsequently in accordance with paragraph 7 and, in the meantime, committing P to custody as mentioned in sub-paragraph (2).

4

Where P is brought before the court after remand, the court may further remand P.

3

1

Where P is remanded on bail, the court may direct that P's recognizance be conditioned for P's appearance—

a

before the court at the end of the period of remand, or

b

at every time and place to which during the course of the proceedings the hearing may from time to time be adjourned.

2

Where a recognizance is conditioned for P's appearance as mentioned in sub-paragraph (1)(b), the fixing of a time for P next to appear is to be treated as a remand.

3

Nothing in this paragraph affects the power of the court at any subsequent hearing to remand P afresh.

4

1

The court may not remand P for a period exceeding eight clear days unless—

a

the court adjourns proceedings for the purpose mentioned in paragraph 5(1), or

b

P is remanded on bail and both P and the person who applied for the warrant under section 40 consent.

This is subject to paragraph 6.

2

Where the court has power to remand P in custody, P may be committed to the custody of a constable if the remand is for a period not exceeding three clear days.