Search Legislation

Criminal Justice Act 2003

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 89

 Help about opening options

Changes to legislation:

Criminal Justice Act 2003, Section 89 is up to date with all changes known to be in force on or before 20 February 2025. 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

89Bail and custody before hearingE+W+N.I.

This section has no associated Explanatory Notes

(1)This section applies where notice of an application is given under section 80(1).

(2)If the person to whom the application relates is in custody under section 88(4)(b) or (5), he must be brought before the Crown Court as soon as practicable and, in any event, within 48 hours after the notice is given.

(3)If that person is not in custody under section 88(4)(b) or (5), the Crown Court may, on application by the prosecutor—

(a)issue a summons requiring the person to appear before the Court of Appeal at the hearing of the application, or

(b)issue a warrant for the person’s arrest,

and a warrant under paragraph (b) may be issued at any time even though a summons has previously been issued.

(4)Where a summons is issued under subsection (3)(a), the time and place at which the person must appear may be specified either—

(a)in the summons, or

(b)in a subsequent direction of the Crown Court.

(5)The time or place specified may be varied from time to time by a direction of the Crown Court.

(6)A person arrested under a warrant under subsection (3)(b) must be brought before the Crown Court as soon as practicable and in any event within 48 hours after his arrest, and section 81(5) of the Supreme Court Act 1981 (c. 54) does not apply.

(7)If a person is brought before the Crown Court under subsection (2) or (6) the court must either—

(a)remand him in custody to be brought before the Court of Appeal at the hearing of the application, or

(b)grant bail for him to appear before the Court of Appeal at the hearing.

(8)If bail is granted under subsection (7)(b), the Crown Court may revoke the bail and remand the person in custody as referred to in subsection (7)(a).

(9)For the purpose of calculating the period referred to in subsection (2) or (6), the following are to be disregarded—

[F1(za)Saturday,]

(a)Sunday,

(b)Christmas Day,

(c)Good Friday, and

(d)any day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom where the person is for the time being detained.

Textual Amendments

Commencement Information

I1S. 89 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2)

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?