22 Extension of power of High Court to grant, or vary conditions of, bail.E+W
[F1(1)Where
[F2(a)][F3a magistrates’ court] withholds bail in criminal proceedings or imposes conditions in granting bail in criminal proceedings, [F4and
(b)it does so where an application to the court to state a case for the opinion of the High Court is made,]
the High Court may F5... 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 [F3magistrates’ court] could have directed and the recognizance of any surety shall be conditioned accordingly.]
(3)Subsections F6... (4) and (6) of section 37 of the M1Criminal Justice Act 1948 (ancillary provisions as to persons [F7granted] 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 [F7granted] bail in pursuance of those powers as it applies in relation to the powers conferred by that section and persons [F7granted] bail in pursuance of those powers F8... .
(4)In this section F9... [F10 ...F11“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)
F2Reference in s. 22(1) inserted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 17(1)(a), 336(3), 336(4) (with s. 141); S.I. 2004/829, art. 2(1)(2)(b)
F3Words substituted by Criminal Law Act 1977 (c. 45), Sch. 12
F4S. 22(1)(b) and preceding word inserted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 17(1)(b), 336(3), 336(4) (with s. 141); S.I. 2004/829, art. 2(1)(2)(b)
F5Words in s. 22(1) repealed (5.4.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 2; S.I. 2004/829, art. 2(1)(2)(l)(ii)
F6Reference to Criminal Justice Act 1948 (c. 58), s. 37(3), repealed by Bail Act 1976 (c. 63), Sch. 3
F7Word substituted by Bail Act 1976 (c. 63), Sch. 2 para. 37(3)
F8Words in s. 22(3) repealed (5.4.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 2; S.I. 2004/829, art. 2(1)(2)(l)(ii)
F9Words repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV and Criminal Law Act 1977 (c. 45), Sch. 13
F10Word repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV and Criminal Law Act 1977 (c. 45), Sch. 13
F11Words added by Bail Act 1976 (c. 63), Sch. 2 para. 37(4)
Marginal Citations