Criminal Justice Act 1948

Changes over time for: Section 37

Version Superseded: 10/04/1995

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Point in time view as at 01/02/1991. This version of this provision has been superseded.

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37 Bail on appeal, case stated or application for certiorari. E+W

(1)Without prejudice to the powers vested before the commencement of this Act in any court to admit or direct the admission of a person to bail—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

[F2(b)the High Court may [F3grant bail to] a person—

(i)who, after the decision of his case by the Crown Court, has applied to the Crown Court for the statement of a case for the High Court on that decision, or

(ii)who has applied to the High Court for an order of certiorari to remove proceedings in the Crown Court in his case into the High Court, or has applied to the High Court for leave to make such an application.]

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

[F5(d)the High Court may grant bail to a person who has been convicted or sentenced by a magistrates’ court and has applied to the High Court for an order of certiorari to remove the proceedings into the High Court or has applied to the High Court for leave to make such an application.]

[F6(1A)Where the court grants bail to a person under paragraph (d) of subsection (1) above—

(a)the time at which he is to appear in the event of the conviction or sentence not being quashed by the High Court shall be such time within ten days after the judgment of the High Court has been given as may be specified by the High Court; and

(b)the place at which he is to appear in that event shall be a magistrates’ court acting for the same petty sessions area as the court which convicted or sentenced him.]

(2), (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(4)Rules of court may be made under section [F884 of the Supreme Court Act 1981]—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(b)for authorising the recommittal, in such cases and by such courts or justices as may be prescribed by the rules, of persons released from custody under this section;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(6)The time during which a person is [F12released on]bail under paragraph (b), . . . F13 or (d) of subsection (1) of this section shall not count as part of any term of imprisonment under his sentence; and any sentence of imprisonment imposed by a court of summary jurisdiction, or, on appeal, by [F14the Crown Court], after the imposition of which a person is so [F12released on]bail, shall be deemed to begin to run or to be resumed as from the dayon which he is received in prison under the sentence; and for thepurposes of this subsection the expression “prison” shall be deemed to include a detention centre and remand home and the expression “imprisonment” shall be construed accordingly.