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;
F1(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F2(d)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 [F3paragraphs (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;
[F4(d)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;
[F5(f)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 [F6to 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 [F7, 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 [F8payment of a sum under a financial condition], paragraph (3) applies except for sub-paragraphs (a)(iii), (b), (c), (e) and (g) of that paragraph.
[F9(4A) 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.
[F10(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 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.]
Textual Amendments
F1Rule 38(2)(c) omitted (15.1.2018) by virtue of The Tribunal Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/1168), rules 2, 14(a); S.I. 2017/1241, reg. 2(a)(c)
F2Rule 38(2)(d)(e) substituted for rule 38(2)(d) (15.1.2018) by The Tribunal Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/1168), rules 2, 14(b); S.I. 2017/1241, reg. 2(a)(c)
F3Words in rule 38(3) substituted (15.1.2018) by The Tribunal Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/1168), rules 2, 14(c)(i); S.I. 2017/1241, reg. 2(a)(c)
F4Rule 38(3)(d) substituted (15.1.2018) by The Tribunal Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/1168), rules 2, 14(c)(ii); S.I. 2017/1241, reg. 2(a)(c)
F5Rule 38(3)(f) substituted (15.1.2018) by The Tribunal Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/1168), rules 2, 14(c)(iii); S.I. 2017/1241, reg. 2(a)(c)
F6Words in rule 38(3)(g) substituted (15.1.2018) by The Tribunal Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/1168), rules 2, 14(c)(iv); S.I. 2017/1241, reg. 2(a)(c)
F7Words in rule 38(3)(h) inserted (6.4.2022) by The Tribunal Procedure (Amendment) Rules 2022 (S.I. 2022/312), rules 1, 2(12)
F8Words in rule 38(4) substituted (15.1.2018) by The Tribunal Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/1168), rules 2, 14(d); S.I. 2017/1241, reg. 2(a)(c)
F9Rule 38(4A) inserted (15.1.2018) by The Tribunal Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/1168), rules 2, 14(e); S.I. 2017/1241, reg. 2(a)(c)
F10Rule 38(6) substituted (15.1.2018) by The Tribunal Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/1168), rules 2, 14(f); S.I. 2017/1241, reg. 2(a)(c)