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Criminal Justice Act 2003

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Changes over time for: Section 17

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Point in time view as at 01/02/2015.

Changes to legislation:

Criminal Justice Act 2003, Section 17 is up to date with all changes known to be in force on or before 28 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

17Appeals to High CourtE+W

This section has no associated Explanatory Notes

(1)In section 22(1) of the Criminal Justice Act 1967 (c. 80) (extension of power of High Court to grant, or vary conditions of, bail)—

(a)after “Where” there is inserted “ (a) ”, and

(b)after “proceedings,”, in the second place where it occurs, there is inserted and

(b)it does so where an application to the court to state a case for the opinion of the High Court is made,.

(2)The inherent power of the High Court to entertain an application in relation to bail where a magistrates' court—

(a)has granted or withheld bail, or

(b)has varied the conditions of bail,

is abolished.

(3)The inherent power of the High Court to entertain an application in relation to bail where the Crown Court has determined—

(a)an application under section 3(8) of the 1976 Act, or

(b)an application under section 81(1)(a), (b), (c) or (g) of the Supreme Court Act 1981 (c. 54),

is abolished.

(4)The High Court is to have no power to entertain an application in relation to bail where the Crown Court has determined an appeal under section 16 of this Act.

(5)The High Court is to have no power to entertain an application in relation to bail where the Crown Court has granted or withheld bail under section 88 or 89 of this Act.

(6)Nothing in this section affects—

(a)any other power of the High Court to grant or withhold bail or to vary the conditions of bail, or

(b)any right of a person to apply for a writ of habeas corpus or any other prerogative remedy.

(7)Any reference in this section to an application in relation to bail is to be read as including—

(a)an application for bail to be granted,

(b)an application for bail to be withheld,

(c)an application for the conditions of bail to be varied.

(8)Any reference in this section to the withholding of bail is to be read as including a reference to the revocation of bail.

Commencement Information

I1S. 17 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))

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