Notice of application to consider bail
19.7.—(1) This rule applies where—
(a)in a magistrates’ court—
(i)a prosecutor wants the court to withdraw bail granted by the court, or to impose or vary a condition of such bail, or
(ii)a defendant wants the court to reconsider such bail before the next hearing in the case;
(b)in the Crown Court, a party wants the court to grant bail that has been withheld, or to withdraw bail that has been granted, or to impose a new bail condition or to vary a present one.
(2) Such a party must—
(a)apply in writing;
(b)serve the application on—
(i)the court officer,
(ii)the other party, and
(iii)any surety affected or proposed; and
(c)serve the application not less than 2 business days before any hearing in the case at which the applicant wants the court to consider it, if such a hearing is already due.
(3) The application must—
(a)specify—
(i)the decision that the applicant wants the court to make,
(ii)each offence charged, and
(iii)each relevant previous bail decision and the reasons given for each;
(b)if the applicant is a defendant, explain—
(i)as appropriate, why the court should not withhold bail, or why it should vary a condition, and
(ii)what further information or legal argument, if any, has become available since the most recent previous bail decision was made;
(c)if the applicant is the prosecutor, explain—
(i)as appropriate, why the court should withdraw bail, or impose or vary a condition, and
(ii)what material information has become available since the most recent previous bail decision was made;
(d)propose the terms of any suggested condition of bail; and
(e)if the applicant wants an earlier hearing than paragraph (6) requires, ask for that, and explain why it is needed.
(4) A prosecutor who applies under this rule must serve on the defendant, with the application, notice that the court has power to withdraw bail and, if the defendant is absent when the court makes its decision, order the defendant’s arrest.
(5) A party who opposes an application must—
(a)so notify the court officer and the applicant at once; and
(b)serve on each notice of the reasons for opposition.
(6) Unless the court otherwise directs, the court officer must arrange for the court to hear the application as soon as practicable and in any event—
(a)if it is an application to grant or withdraw bail, no later than the second business day after it was served;
(b)if it is an application to impose or vary a condition, no later than the fifth business day after it was served.
(7) The court may—
(a)vary or waive a time limit under this rule;
(b)allow an application to be in a different form to one set out in the Practice Direction, or to be made orally;
(c)if rule 19.2 allows, determine without a hearing an application to vary a condition.
[Note. The Practice Direction sets out a form of application for use in connection with this rule.
In addition to the court’s general powers in relation to bail—
(a)under section 3(8) of the Bail Act 1976(1), on application by either party the court may impose a bail condition or vary a condition it has imposed. Until the Crown Court makes its first bail decision in the case, a magistrates’ court may vary a condition which it imposed on committing or sending a defendant for Crown Court trial.
(b)under section 5B of the Bail Act 1976(2), where the defendant is on bail and the offence is one which can be tried in the Crown Court, or in an extradition case, on application by the prosecutor a magistrates’ court may withdraw bail, impose conditions of bail or vary the conditions of bail.
Under Part IIA of Schedule 1 to the Bail Act 1976(3), if the court withholds bail then at the first hearing after that the defendant may support an application for bail with any argument as to fact or law, whether or not that argument has been advanced before. At subsequent hearings, the court need not hear arguments which it has heard previously.]
1976 c. 63; section 3(8) was amended by section 65 of, and Schedule 12 to, the Criminal Law Act 1977 (c. 45) and paragraph 48 of Schedule 3 to the Criminal Justice Act 2003 (c. 44).
1976 c. 63; section 5B was inserted by section 30 of the Criminal Justice and Public Order Act 1994 (c. 33) and amended by section 129(3) of the Criminal Justice and Police Act 2001 (c. 16), section 109 of, and paragraph 183 of Schedule 8 and Schedule 10 to, the Courts Act 2003 (c. 39) and section 198 of the Extradition Act 2003 (c. 41).
1976 c. 63; Schedule 1, Part IIA was added by section 154 of the Criminal Justice Act 1988 (c. 33).