PART 19BAIL AND CUSTODY TIME LIMITS
SECTION 2: BAIL
Defendant’s application or appeal to the Crown Court after magistrates’ court bail decision19.8.
(1)
This rule applies where a defendant wants to—
(a)
apply to the Crown Court for bail after a magistrates’ court has withheld bail; or
(b)
appeal to the Crown Court after a magistrates’ court has refused to vary a bail condition as the defendant wants.
(2)
The defendant must—
(a)
apply to the Crown Court in writing as soon as practicable after the magistrates’ court’s decision; and
(b)
serve the application on—
(i)
the Crown Court officer,
(ii)
the magistrates’ court officer,
(iii)
the prosecutor, and
(iv)
any surety affected or proposed.
(3)
The application must—
(a)
specify—
(i)
the decision that the applicant wants the Crown Court to make, and
(ii)
each offence charged;
(b)
explain—
(i)
as appropriate, why the Crown Court should not withhold bail, or why it should vary the condition under appeal, and
(ii)
what further information or legal argument, if any, has become available since the magistrates’ court’s decision;
(c)
propose the terms of any suggested condition of bail;
(d)
if the applicant wants an earlier hearing than paragraph (6) requires, ask for that, and explain why it is needed; and
(e)
on an application for bail, attach a copy of the certificate of full argument served on the defendant under rule 19.4(4).
(4)
The magistrates’ court officer must as soon as practicable serve on the Crown Court officer—
(a)
a copy of the note or record made under rule 19.4(1) in connection with the magistrates’ court’s decision; and
(b)
the date of the next hearing, if any, in the magistrates’ court.
(5)
A prosecutor who opposes the application must—
(a)
so notify the Crown Court officer and the defendant at once; and
(b)
serve on each notice of the reasons for opposition.
(6)
Unless the Crown Court otherwise directs, the court officer must arrange for the court to hear the application or appeal as soon as practicable and in any event no later than the business day after it was served.
(7)
The Crown Court may vary a time limit under this rule.
[Note. The Practice Direction sets out a form of application for use in connection with this rule.
(a)
the condition is one that the defendant must—
(i)
live and sleep at a specified place, or away from a specified place,
(ii)
give a surety or a security,
(iii)
stay indoors between specified hours,
(iv)
comply with electronic monitoring requirements, or
(v)
make no contact with a specified person; and
(b)
the magistrates’ court has determined an application by either party to vary that condition.