22 Extension of power of High Court to grant, or vary conditions of, bail.E+W
[F1(1)Where [F2a magistrates’ court] withholds bail in criminal proceedings or imposes conditions in granting bail in criminal proceedings, the High Court may grant bail or vary the conditions.
(2)Where the High Court grants a person bail under this section it may direct him to appear at a time and place which the [F2magistrates’ court] could have directed and the recognizance of any surety shall be conditioned accordingly.]
(3)Subsections. . . F3 (4) and (6) of section 37 of the M1Criminal Justice Act 1948 (ancillary provisions as to persons [F4granted] to bail by the High Court under that section and the currency of sentence in the case of persons so admitted) shall apply in relation to the powers conferred by this section and persons [F4granted] bail in pursuance of those powers as it applies in relation to the powers conferred by that section and persons [F4granted] bail in pursuance of those powers, except that the said subsection (6) shall not apply in relation to a person [F4granted] bail pending an appeal from a magistrates’ court to [F5the Crown Court].
(4)In this section. . . F6[F7. . . F8“bail in criminal proceedings” and “vary” shall have the same meanings as they have in the M2Bail Act 1976.]
(5)The powers conferred on the High Court by this section shall be in substitution for the powers so conferred by paragraphs (a), (b) and (c) of section 37(1) of the M3Criminal Justice Act 1948, but except as aforesaid this section shall not prejudice any powers of the High Court to admit or direct the admission of persons to bail.
Textual Amendments
F1S. 22(1)(2) substituted by Bail Act 1976 (c. 63), Sch. 2 para. 37(2)
F2Words substituted by Criminal Law Act 1977 (c. 45), Sch. 12
F3Reference to Criminal Justice Act 1948 (c. 58), s. 37(3), repealed by Bail Act 1976 (c. 63), Sch. 3
F4Word substituted by Bail Act 1976 (c. 63), Sch. 2 para. 37(3)
F5Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 48(b)
F6Words repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV and Criminal Law Act 1977 (c. 45), Sch. 13
F7Word repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV and Criminal Law Act 1977 (c. 45), Sch. 13
F8Words added by Bail Act 1976 (c. 63), Sch. 2 para. 37(4)
Marginal Citations