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;
F10c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5d
payment of a sum under a financial condition; or
e
a reference for consideration under paragraph 11 of Schedule 10 to the 2016 Act.
3
Subject to F4paragraphs (4) and (4A), 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;
F6d
the terms of the financial condition to which the bail party is, or is proposed to be, subject;
e
whether the bail party has a pending appeal to the Tribunal or any pending application for further appeal relating to such an appeal;
F9f
the full name, address, date of birth and any occupation of any person other than the bail party who is, or is proposed to be, subject to a financial condition.
g
where the bail party is aged 18 or over, whether the bail party will, if required, agree F1to co-operate with an electronic monitoring condition under paragraph 2 of Schedule 10 to the 2016 Act.;
h
the grounds on which the application is made and, where a previous application has been refused, when it was refused and F2, where the previous refusal took place less than 28 days before the application, 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 F3payment of a sum under a financial condition, paragraph (3) applies except for sub-paragraphs (a)(iii), (b), (c), (e) and (g) of that paragraph.
F84A
Where the application is a reference under paragraph 11 of Schedule 10 to the 2016 Act—
a
paragraph (3) applies except for sub-paragraph (h); and
b
the application must also contain—
i
details of the provision or provisions under which the bail party is detained;
ii
a copy of any previous Secretary of State decision on whether to grant bail; and
iii
any documents relevant to (i) or (ii).
5
An application made by the bail party must be signed by the bail party or their representative.
F76
On receipt of a bail application, the Tribunal must record the date on which it was received and provide a copy of the application as soon as reasonably practicable to—
a
the Secretary of State, the bail party and any other person subject to a financial condition, in the case of an application to vary a financial condition;
b
the bail party, in the case of a reference under paragraph 11 of Schedule 10 to the 2016 Act; and
c
the Secretary of State, in the case of other bail applications.