PART 14BAIL AND CUSTODY TIME LIMITS
BAIL
Reconsideration of police bail by magistrates’ courtI114.6
1
This rule applies where—
a
a party wants a magistrates’ court to reconsider a bail decision by a police officer after the defendant is charged with an offence; and
b
a defendant wants a magistrates’ court to reconsider a bail condition imposed by a police officer before the defendant is charged with an offence.
2
An application under this rule must be made to—
F2a
the magistrates’ court—
i
to whose custody the defendant is under a duty to surrender, if any, or
ii
by which the most recent previous extension of pre-charge bail has been authorised, if applicable; or
b
any magistrates’ court acting for the police officer’s local justice area, in any other case.
3
The applicant party must—
a
apply in writing; and
b
serve the application on—
i
the court officer,
ii
the other party, and
iii
any surety affected or proposed.
4
The application must—
a
specify—
i
the decision that the applicant wants the court to make,
ii
each offence charged, or for which the defendant was arrested, and
iii
the police bail decision to be reconsidered and the reasons given for it;
b
explain, as appropriate—
i
why the court should grant bail itself, or withdraw it, or impose or vary a condition, and
ii
if the applicant is the prosecutor, what material information has become available since the police bail decision was made;
c
propose the terms of any suggested condition of bail; and
d
if the applicant wants an earlier hearing than paragraph (7) requires, ask for that, and explain why it is needed.
5
A prosecutor who applies under this rule must serve on the defendant, with the application, notice that the court has power to withdraw bail and, if the defendant is absent when the court makes its decision, order the defendant’s arrest.
6
A party who opposes an application must—
a
so notify the court officer and the applicant at once; and
b
serve on each notice of the reasons for opposition.
7
Unless the court otherwise directs, the court officer must arrange for the court to hear the application as soon as practicable and in any event—
a
if it is an application to withdraw bail, no later than the second business day after it was served; and
b
in any other case, no later than the fifth business day after it was served.
8
The court may—
a
vary or waive a time limit under this rule;
b
allow an application to be in a different form to one F1issued under the Practice Direction; and
c
if rule 14.2 allows, determine without a hearing an application to vary a condition.
[Note. F3...
Under section 5B of the Bail Act 1976321—
a
where a defendant has been charged with an offence which can be tried in the Crown Court; or
b
in an extradition case,
on application by the prosecutor a magistrates’ court may withdraw bail granted by a constable, impose conditions of bail, or vary conditions of bail. See also sections 37, 37C(2)(b), 37CA(2)(b), 46A and 47(1B) of the Police and Criminal Evidence Act 1984322.
Under section 43B of the Magistrates’ Courts Act 1980323, where a defendant has been charged with an offence, on application by the defendant a magistrates’ court may grant bail itself, in substitution for bail granted by a custody officer, or vary the conditions of bail granted by a custody officer. See also sections 37, 37C(2)(b), 37CA(2)(b), 46A and 47(1C), (1D) of the Police and Criminal Evidence Act 1984324.
Under section 47(1E) of the Police and Criminal Evidence Act 1984325, where a defendant has been released on bail by a custody officer without being charged with an offence, on application by the defendant a magistrates’ court may vary any conditions of that bail. See also F4rules 14.18 and 14.19 and sections 37, 37C(2)(b), 37CA(2)(b), 46A and 47(1C) of the Act.]