PART 5 U.K.Bail

Bail applicationsU.K.

38.—(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.