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The Magistrates' Courts Rules 1981

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This is the original version (as it was originally made).

Release when recognizances have been taken or requirements complied with

88.  Where a magistrates' court has, with a view to the release on bail of a person in custody, fixed the amount in which he or any surety of such a person shall be bound or, under section 3(5) or (6) of the Bail Act 1976, imposed any requirement to be complied with before his release and given notice thereof in accordance with these Rules to the governor or keeper of the prison or place where that person is detained, the governor or keeper shall, when satisfied that the recognizances of all sureties required have been taken and that all such requirements have been complied with—

(a)in the case of bail in criminal proceedings, unless he is in custody for some other cause, release him;

(b)in the case of bail otherwise than in criminal proceedings, take the recognizances of that person if this has not already been done and, unless he is in custody for some other cause, release him.

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