PART 19BAIL AND CUSTODY TIME LIMITS

SECTION 2: BAIL

Prosecutor’s appeal against grant of bail19.9.

(1)

This rule applies where a prosecutor wants to appeal—

(a)

to the Crown Court against a grant of bail by a magistrates’ court, in a case in which the defendant has been charged with, or convicted of, an offence punishable with imprisonment; or

(b)

to the High Court against a grant of bail—

(i)

by a magistrates’ court, in an extradition case, or

(ii)

by the Crown Court, in a case in which the defendant has been charged with, or convicted of, an offence punishable with imprisonment (but not in a case in which the Crown Court granted bail on an appeal to which paragraph (1)(a) applies).

(2)

The prosecutor must tell the court which has granted bail of the decision to appeal—

(a)

at the end of the hearing during which the court granted bail; and

(b)

before the defendant is released on bail.

(3)

The court which has granted bail must exercise its power to remand the defendant in custody pending determination of the appeal.

(4)

The prosecutor must serve an appeal notice—

(a)

on the court officer for the court which has granted bail and on the defendant;

(b)

not more than 2 hours after telling that court of the decision to appeal.

(5)

The appeal notice must specify—

(a)

each offence with which the defendant is charged;

(b)

the decision under appeal;

(c)

the reasons given for the grant of bail; and

(d)

the grounds of appeal.

(6)

On an appeal to the Crown Court, the magistrates’ court officer must, as soon as practicable, serve on the Crown Court officer—

(a)

the appeal notice;

(b)

a copy of the note or record made under rule 19.4(1) (record of bail decision); and

(c)

notice of the date of the next hearing in the court which has granted bail.

(7)

If the Crown Court so directs, the Crown Court officer must arrange for the defendant to be assisted by the Official Solicitor in a case in which the defendant—

(a)

has no legal representative; and

(b)

asks for such assistance.

(8)

On an appeal to the Crown Court, the Crown Court officer must arrange for the court to hear the appeal as soon as practicable and in any event no later than the second business day after the appeal notice was served.

(9)

The prosecutor—

(a)

may abandon an appeal to the Crown Court without the court’s permission, by serving a notice of abandonment, signed by or on behalf of the prosecutor, on—

(i)

the defendant,

(ii)

the Crown Court officer, and

(iii)

the magistrates’ court officer

before the hearing of the appeal begins; but

(b)

after the hearing of the appeal begins, may only abandon the appeal with the Crown Court’s permission.

(10)

The court officer for the court which has granted bail must instruct the defendant’s custodian to release the defendant on the bail granted by that court, subject to any condition or conditions of bail imposed, if—

(a)

the prosecutor fails to serve an appeal notice within the time to which paragraph (4) refers; or

(b)

the prosecutor serves a notice of abandonment under paragraph (9).

[Note. See section 1 of the Bail (Amendment) Act 1993361. The time limit for serving an appeal notice is prescribed by section 1(5) of the Act. It may be neither extended nor shortened.

For the procedure in the High Court, see Schedule 1 to the Civil Procedure Rules 1998 (RSC Order 79, rule 9) and the Practice Direction which supplements that Order. Under those provisions, the prosecutor must file in the High Court, among other things—

(a)

a copy of the appeal notice served by the prosecutor under rule 19.9(4);

(b)

notice of the Crown Court decision to grant bail served on the prosecutor under rule 19.4(2); and

(c)

notice of the date of the next hearing in the Crown Court.]