C1C2C3 Part IV Detention
Pt. IV (ss. 34-52) applied (with modifications) (4.4.2005) Criminal Justice Act 2003 (c. 44), ss. 87(3), 336; S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2) (as amended by S.I. 2005/2122, art. 2)
Pt. IV incorporated (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52
Detention—miscellaneous
47ZFF1Applicable bail period: first extension of limit by court
1
This section applies in relation to a person if—
a
the person’s case is an SFO case,
b
a senior officer has authorised an extension of the applicable bail period in relation to the person under section 47ZD, or
c
an appropriate decision-maker has authorised an extension of the applicable bail period in relation to the person under section 47ZE.
2
Before the applicable bail period in relation to the person ends a qualifying applicant may apply to a magistrates’ court for it to authorise an extension of the applicable bail period in relation to the person under this section.
3
If the court is satisfied that—
a
conditions B to D are met in relation to the person, and
b
the case does not fall within subsection (7),
it may authorise the applicable bail period to be extended as specified in subsection (4).
4
The applicable bail period is to end—
a
in a case falling within subsection (1)(a) or (b), at the end of the period of 6 months beginning with the person’s bail start date;
b
in a case falling within subsection (1)(c), at the end of the period of 9 months beginning with the person’s bail start date.
5
If the court is satisfied that—
a
conditions B to D are met in relation to the person, and
b
the case falls within subsection (7),
it may authorise the applicable bail period to be extended as specified in subsection (6).
6
The applicable bail period is to end—
a
in a case falling within subsection (1)(a) or (b), at the end of the period of 9 months beginning with the person’s bail start date;
b
in a case falling within subsection (1)(c), at the end of the period of 12 months beginning with the person’s bail start date.
7
A case falls within this subsection if the nature of the decision or further investigations mentioned in condition B means that that decision is unlikely to be made or those investigations completed if the applicable bail period in relation to the person is not extended as specified in subsection (6).
8
In this section “qualifying applicant” means—
a
a constable,
b
a member of staff of the Financial Conduct Authority who is of the description designated for the purposes of this subsection by the Chief Executive of the Authority,
c
a member of the Serious Fraud Office, or
d
a Crown Prosecutor.
Pt. IV (ss. 34-52) modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 4(6)(b)(c)(7), 5(9)(b)(c), 6(9)(b)(c); Pt. IV (ss. 34-52) modified by the said S.I. 1993/1813, art. 6, Sch. 3 para. 4 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 5
Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 7(6)(c) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)
Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 15(2) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)
Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 16(4) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)
Pt. IV (ss. 34-52) modified (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 85(4)(a), 120 (with s. 90); S.I. 2004/827, art. 3(h)
Pt. IV (ss. 34-52) modified (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 97(4)(a), 120 (with s. 100); S.I. 2004/827, art. 3(t)