PART 5Bail

Bail applications38

1

A bail application must be made by sending or delivering to the Tribunal an application notice containing the information specified below.

2

A bail application must specify whether it is for—

a

the bail party to be released on bail;

b

variation of bail conditions;

c

continuation of bail; or

d

forfeiture of a recognizance.

3

Subject to paragraph (4), a bail application must contain the following details—

a

the bail party's—

i

full name;

ii

date of birth; and

iii

date of their most recent arrival in the United Kingdom;

b

the address of any place where the bail party is detained;

c

the address where the bail party will reside if the bail application is granted, or, if unable to give such an address, the reason why an address is not given;

d

the amount of any recognizance in which the bail party is, or is proposed to be, bound;

e

whether the bail party has a pending appeal to the Tribunal or any pending application for further appeal relating to such an appeal;

f

the full name, address, date of birth and any occupation of any person who is acting or is proposed to act as a surety for the recognizance and the amount in which the surety is, or is proposed to be, bound;

g

where the bail party is aged 18 or over, whether the bail party will, if required, agree as a condition of bail to co-operate with electronic monitoring under section 36 of the 2004 Act;

h

the grounds on which the application is made and, where a previous application has been refused, when it was refused and details of any material change in circumstances since the refusal; and

i

whether an interpreter will be required at the hearing, and in respect of what language and dialect.

4

Where the application is for forfeiture of a recognizance, paragraph (3) applies except for sub-paragraphs (a)(iii), (b), (c), (e) and (g) of that paragraph.

5

An application made by the bail party must be signed by the bail party or their representative.

6

On receipt of a bail application, the Tribunal must record the date on which it was received and provide a copy of the application to the Secretary of State as soon as reasonably practicable.