Bail
in magistrates’ courts and the Crown Court
19.1
Application to a magistrates’ court to vary conditions of police
bail
(1)
An application under section 43B(1) of the Magistrates’ Courts
Act of 1980 ( (1)) shall—
(a)
be made in writing;
(b) contain a statement of the grounds upon which it is made;
(c) specify the offence with which the applicant was charged before
his release on bail;
(d) specify, or be accompanied by a copy of the note of, the reasons
given by the custody officer for imposing or varying the conditions
of bail; and
(e) specify the name and address of any surety provided by the applicant
before his release on bail to secure his surrender to custody.
(2)
Any such application shall be sent to the court officer for—
(a)
the magistrates’ court (if any) appointed by the custody officer
as the court before which the applicant has a duty to appear; or
(b) if no such court has been appointed, a magistrates’ court
acting for the local justice area in which the police station at which
the applicant was granted bail or at which the conditions of his bail
were varied, as the case may be, is situated,
and, in either case, a copy shall be sent to a custody officer appointed
for that police station.
(3)
The court officer to whom an application is sent under paragraph (2)
above shall send a notice in writing of the date, time and place fixed
for the hearing of the application to—
(a)
the applicant;
(b) the prosecutor; and
(c) any surety in connection with bail in criminal proceedings granted
to, or the conditions of which were varied by a custody officer in
relation to, the applicant.
(4)
The time fixed for the hearing shall be not later than 72 hours after
receipt of the application. In reckoning for the purposes of this paragraph
any period of 72 hours, no account shall be taken of Christmas Day,
Good Friday, any bank holiday, or any Saturday or Sunday.
(5) Any notice required by this rule to be sent to any person shall
either be delivered to him or be sent by post in a letter and, if sent
by post to the applicant or a surety of his, shall be addressed to him
at his last known or usual place of abode.
(6)
If the magistrates’ court hearing an application under section
43B(1) of the 1980 Act discharges or enlarges any recognizance entered
into by any surety or increases or reduces the amount in which that
person is bound, the court officer shall forthwith give notice thereof
to the applicant and to any such surety.
(7)
In this rule, “the applicant” means the person making an
application under section 43B(1) of the 1980 Act.
Formerly
rule 84A of the Magistrates’ Courts Rules 1981 ( (2)). See also
section 43B of the Magistrates’ Courts Act 1980.
19.2
Application to a magistrates’ court to reconsider grant of police
bail
(1)
The appropriate court for the purposes of section 5B of the Bail Act
1976 ( (3)) in relation to the decision of a constable to grant bail
shall be—
(a)
the magistrates’ court (if any) appointed by the custody officer
as the court before which the person to whom bail was granted has
a duty to appear; or
(b) if no such court has been appointed, a magistrates’ court
acting for the local justice area in which the police station at which
bail was granted is situated.
(2)
An application under section 5B(1) of the 1976 Act shall—
(a)
be made in writing;
(b) contain a statement of the grounds on which it is made;
(c) specify the offence which the proceedings in which bail was granted
were connected with, or for;
(d) specify the decision to be reconsidered (including any conditions
of bail which have been imposed and why they have been imposed); and
(e) specify the name and address of any surety provided by the person
to whom the application relates to secure his surrender to custody.
(3)
Where an application has been made to a magistrates’ court under
section 5B of the 1976 Act,
(a)
the clerk of that magistrates’ court shall fix a date, time
and place for the hearing of the application; and
(b) the court officer shall—
(i) give notice of the application and of the date, time and place
so fixed to the person affected, and
(ii) send a copy of the notice to the prosecutor who made the application
and to any surety specified in the application.
(4)
The time fixed for the hearing shall be not later than 72 hours after
receipt of the application. In reckoning for the purpose of this paragraph
any period of 72 hours, no account shall be taken of Christmas Day,
Good Friday, any bank holiday or any Sunday.
(5)
Service of a notice to be given under paragraph (3) to the person affected
may be effected by delivering it to him.
(6)
At the hearing of an application under section 5B of the 1976 Act the
court shall consider any representations made by the person affected
(whether in writing or orally) before taking any decision under that
section with respect to him; and, where the person affected does not
appear before the court, the court shall not take such a decision unless
it is proved to the satisfaction of the court, on oath or in the manner
set out by rule 4.2(1), that the notice required to be given under paragraph
(3) of this rule was served on him before the hearing.
(7)
Where the court proceeds in the absence of the person affected in accordance
with paragraph (6)—
(a)
if the decision of the court is to vary the conditions of bail or
impose conditions in respect of bail which has been granted unconditionally,
the court officer shall notify the person affected;
(b) if the decision of the court is to withhold bail, the order of
the court under section 5B(5)(b) of the 1976 Act (surrender to custody)
shall be signed by the justice issuing it or state his name and be
authenticated by the signature of the clerk of the court.
(8)
Service of any of the documents referred to in paragraph (7) may be
effected by delivering it to the person to whom it is directed or by
leaving it for him with some person at his last known or usual place
of abode.
Formerly
rule 93B of the Magistrates’ Courts Rules 1981. See also section
5B of the Bail Act 1976.
19.3
Notice of change of time for appearance before magistrates’ court
Where—
(a) a person has been granted bail under the Police and Criminal Evidence
Act 1984 ( (4)) subject to a duty to appear before a magistrates’
court and the court before which he is to appear appoints a later
time at which he is to appear; or
(b) a magistrates’ court further remands a person on bail under
section 129 of the Magistrates’ Courts Act 1980 ( (5)) in his
absence, it shall give him and his sureties, if any, notice thereof.
Formerly
rule 91 of the Magistrates’ Courts Rules 1981.
19.4
Directions by a magistrates’ court as to security, etc
Where
a magistrates’ court, under section 3(5) or (6) of the Bail Act
1976 ( (6)), imposes any requirement to be complied with before a person’s
release on bail, the court may give directions as to the manner in which
and the person or persons before whom the requirement may be complied
with.
Formerly
rule 85 of the Magistrates’ Courts Rules 1981. See also section
3 of the Bail Act 1976. As to the estreatment of recognizances in magistrates’
courts on failure to surrender see section 120 of the Magistrates’
Courts Act 1980. For the procedure where a defendant fails to surrender,
see also direction I.13 in the Practice Direction.
19.5
Requirements to be complied with before release on bail granted by a
magistrates’ court
(1)
Where a magistrates’ court has fixed the amount in which a person
(including any surety) is to be bound by a recognizance, the recognizance
may be entered into—
(a)
in the case of a surety where the accused is in a prison or other
place of detention, before the governor or keeper of the prison or
place as well as before the persons mentioned in section 8(4)(a) of
the Bail Act 1976 ( (7));
(b) in any other case, before a justice of the peace, a justices’
clerk, a magistrates’ court officer, a police officer who either
is of the rank of inspector or above or is in charge of a police station
or, if the person to be bound is in a prison or other place of detention,
before the governor or keeper of the prison or place; or
(c) where a person other than a police officer is authorised under
section 125A or 125B of the Magistrates’ Courts Act 1980 to
execute a warrant of arrest providing for a recognizance to be entered
into by the person arrested (but not by any other person), before
the person executing the warrant.
(2)
The court officer for a magistrates’ court which has fixed the
amount in which a person (including any surety) is to be bound by a
recognizance or, under section 3(5), (6) or (6A) of the 1976 Act ( (8))
imposed any requirement to be complied with before a person’s
release on bail or any condition of bail shall issue a certificate showing
the amount and conditions, if any, of the recognizance, or as the case
may be, containing a statement of the requirement or condition of bail;
and a person authorised to take the recognizance or do anything in relation
to the compliance with such requirement or condition of bail shall not
be required to take or do it without production of such a certificate
as aforesaid.
(3)
If any person proposed as a surety for a person committed to custody
by a magistrates’ court produces to the governor or keeper of
the prison or other place of detention in which the person so committed
is detained a certificate to the effect that he is acceptable as a surety,
signed by any of the justices composing the court or the clerk of the
court and signed in the margin by the person proposed as surety, the
governor or keeper shall take the recognizance of the person so proposed.
(4)
Where the recognizance of any person committed to custody by a magistrates’
court or of any surety of such a person is taken by any person other
than the court which committed the first-mentioned person to custody,
the person taking the recognizance shall send it to the court officer
for that court: Provided that, in the case of a surety, if the person
committed has been committed to the Crown Court for trial or under any
of the enactments mentioned in rule 43.1(1), the person taking the recognizance
shall send it to the Crown Court officer.
Formerly
rule 86 of the Magistrates’ Courts Rules 1981.
19.6
Notice to governor of prison, etc, where release from custody is ordered
by a magistrates’ court
Where
a magistrates’ court has, with a view to the release on bail of
a person in custody, fixed the amount in which he or any surety of such
a person shall be bound or, under section 3(5), (6) or (6A) of the Bail
Act 1976, imposed any requirement to be complied with before his release
or any condition of bail—
(a)
the magistrates’ court officer shall give notice thereof to
the governor or keeper of the prison or place where that person is
detained by sending him such a certificate as is mentioned in rule
19.5(2); and
(b) any person authorised to take the recognizance of a surety or
do anything in relation to the compliance with such requirement shall,
on taking or doing it, send notice thereof by post to the said governor
or keeper and, in the case of a recognizance of a surety, shall give
a copy of the notice to the surety.
Formerly
rule 87 of the Magistrates’ Courts Rules 1981.
19.7
Release when notice received by governor of prison that recognizances
have been taken or requirements complied with
Where
a magistrates’ court has, with a view to the release on bail of
a person in custody, fixed the amount in which he or any surety of such
a person shall be bound or, under section 3(5) or (6) of the Bail Act
1976, imposed any requirement to be complied with before his release
and given notice thereof in accordance with this Part to the governor
or keeper of the prison or place where that person is detained, the
governor or keeper shall, when satisfied that the recognizances of all
sureties required have been taken and that all such requirements have
been complied with, and unless he is in custody for some other cause,
release him.
Formerly
rule 88 of the Magistrates’ Courts Rules 1981.
19.8
Notice from a magistrates’ court of enlargement of recognizances
(1)
If a magistrates’ court before which any person is bound by a
recognizance to appear enlarges the recognizance to a later time under
section 129 of the Magistrates’ Courts Act 1980 in his absence,
it shall give him and his sureties, if any, notice thereof.
(2)
If a magistrates’ court, under section 129(4) of the 1980 Act,
enlarges the recognizance of a surety for a person committed for trial
on bail, it shall give the surety notice thereof.
Formerly
rule 84 of the Magistrates’ Courts Rules 1981. See also section
129 of the Magistrates’ Courts Act 1980.
19.9
Further remand of minors by a youth court
Where
a child or young person has been remanded, and the period of remand
is extended in his absence in accordance with section 48 of the Children
and Young Persons Act 1933 ( (9)), notice shall be given to him and
his sureties (if any) of the date at which he will be required to appear
before the court.
Formerly
rule 12 of the Magistrates’ Courts (Children and Young Persons)
Rules 1992 ( (10)).
19.10
Notes of argument in magistrates’ court bail hearings
Where
a magistrates’ court hears full argument as to bail, the clerk
of the court shall take a note of that argument.
Formerly
rule 90A of the Magistrates’ Courts Rules 1981.
19.11
Bail records to be entered in register of magistrates’ court
Any
record required by section 5 of the Bail Act 1976 ( (11)) to be made
by a magistrates’ court (together with any note of reasons required
by section 5(4) to be included and the particulars set out in any certificate
granted under section 5(6A)) shall be made by way of an entry in the
register.
Formerly rule 90 of the Magistrates’ Courts Rules 1981. See also
section 5 of the Bail Act 1976. As to the general requirement to keep
a register, see rule 6.1.
19.12
Notification of bail decision by magistrate after arrest while on bail
Where
a person who has been released on bail and is under a duty to surrender
into the custody of a court is brought under section 7(4)(a) of the
Bail Act 1976 ( (12)) before a justice of the peace, the justice shall
cause a copy of the record made in pursuance of section 5 of that Act
relating to his decision under section 7(5) of that Act ( (13)) in respect
of that person to be sent to the court officer for that court: Provided
that this rule shall not apply where the court is a magistrates’
court acting for the same local justice area as that for which the justice
acts.
Formerly
rule 92 of the Magistrates’ Courts Rules 1981. See also section
7 of the Bail Act 1976.
19.13
Transfer of remand hearings
(1)
Where a magistrates’ court, under section 130(1) of the Magistrates’
Courts Act 1980 ( (14)), orders that an accused who has been remanded
in custody be brought up for any subsequent remands before an alternate
magistrates’ court, the court officer for the first-mentioned
court shall, as soon as practicable after the making of the order and
in any case within 2 days thereafter (not counting Sundays, Good Friday,
Christmas Day or bank holidays), send to the court officer for the alternate
court—
(a)
a statement indicating the offence or offences charged;
(b) a copy of the record made by the first-mentioned court in pursuance
of section 5 of the Bail Act 1976 relating to the withholding of bail
in respect of the accused when he was last remanded in custody;
(c) a copy of any representation order previously made in the same
case;
(d) a copy of any application for a representation order;
(e) if the first-mentioned court has made an order under section 8(2)
of the 1980 Act ( (15)) (removal of restrictions on reports of committal
proceedings), a statement to that effect.
(f) a statement indicating whether or not the accused has a solicitor
acting for him in the case and has consented to the hearing and determination
in his absence of any application for his remand on an adjournment
of the case under sections 5, 10(1) and 18(4) of the 1980 ( (16))
Act together with a statement indicating whether or not that consent
has been withdrawn;
(g) a statement indicating the occasions, if any, on which the accused
has been remanded under section 128(3A) of the 1980 Act ( (17)) without
being brought before the first-mentioned court; and
(h) if the first-mentioned court remands the accused under section
128A ( (18)) of the 1980 Act on the occasion upon which it makes the
order under section 130(1) of that Act, a statement indicating the
date set under section 128A(2) of that Act.
(2)
Where the first-mentioned court is satisfied as mentioned in section
128(3A) of the 1980 Act, paragraph (1) shall have effect as if for the
words “an accused who has been remanded in custody be brought
up for any subsequent remands before” there were substituted the
words “applications for any subsequent remands of the accused
be made to”.
(3)
The court officer for an alternate magistrates’ court before which
an accused who has been remanded in custody is brought up for any subsequent
remands in pursuance of an order made as aforesaid shall, as soon as
practicable after the order ceases to be in force and in any case within
2 days thereafter (not counting Sundays, Good Friday, Christmas Day
or bank holidays), send to the court officer for the magistrates’
court which made the order—
(a)
a copy of the record made by the alternate court in pursuance of section
5 of the 1976 Act relating to the grant or withholding of bail in
respect of the accused when he was last remanded in custody or on
bail;
(b) a copy of any representation order made by the alternate court;
(c) a copy of any application for a representation order made to the
alternate court;
(d) if the alternate court has made an order under section 8(2) of
the 1980 Act (removal of restrictions on reports of committal proceedings),
a statement to that effect;
(e) a statement indicating whether or not the accused has a solicitor
acting for him in the case and has consented to the hearing and determination
in his absence of any application for his remand on an adjournment
of the case under sections 5, 10(1) and 18(4) of the 1980 Act together
with a statement indicating whether or not that consent has been withdrawn;
and
(f) a statement indicating the occasions, if any, on which the accused
has been remanded by the alternate court under section 128(3A) of
the 1980 Act without being brought before that court.
(4)
Where the alternate court is satisfied as mentioned in section 128(3A)
of the 1980 Act paragraph (2) above shall have effect as if for the
words “an accused who has been remanded in custody is brought
up for any subsequent remands” there shall be substituted the
words “applications for the further remand of the accused are
to be made”.
Formerly
rule 25 of the Magistrates’ Court Rules 1981.
19.14
Notice of further remand in certain cases
Where
a transfer direction has been given by the Secretary of State under
section 47 of the Mental Health Act 1983 ( (19)) in respect of a person
remanded in custody by a magistrates’ court and the direction
has not ceased to have effect, the court officer shall give notice in
writing to the managers of the hospital where he is detained of any
further remand under section 128 of the Magistrates’ Courts Act
1980.
Formerly
rule 26 of the Magistrates’ Courts Rules 1981.
19.15
Cessation of transfer direction
Where
a magistrates’ court directs, under section 52(5) of the Mental
Health Act 1983 ( (20)), that a transfer direction given by the Secretary
of State under section 48 of that Act in respect of a person remanded
in custody by a magistrates’ court shall cease to have effect,
the court officer shall give notice in writing of the court’s
direction to the managers of the hospital specified in the Secretary
of State’s direction and, where the period of remand has not expired
or the person has been committed to the Crown Court for trial or to
be otherwise dealt with, to the Governor of the prison to which persons
of the sex of that person are committed by the court if remanded in
custody or committed in custody for trial.
Formerly
rule 110 of the Magistrates’ Courts Rules 1981. As to the requirement
to give notice to the prison governor and hospital authorities when
a defendant subject to a transfer direction is transferred, committed
or sent to the Crown Court for trial, see rules 11.3 and 19.20.
19.16
Lodging an appeal against a grant of bail by a magistrates’ court
(1)
Where the prosecution wishes to exercise the right of appeal, under
section 1 of the Bail (Amendment) Act 1993 ( (21)), to a judge of the
Crown Court against a decision to grant bail, the oral notice of appeal
must be given to the justices’ clerk and to the person concerned,
at the conclusion of the proceedings in which such bail was granted
and before the release of the person concerned.
(2)
When oral notice of appeal is given, the justices’ clerk shall
announce in open court the time at which such notice was given.
(3)
A record of the prosecution’s decision to appeal and the time
the oral notice of appeal was given shall be made in the register and
shall contain the particulars set out.
(4)
Where an oral notice of appeal has been given the court shall remand
the person concerned in custody by a warrant of commitment.
(5)
On receipt of the written notice of appeal required by section 1(5)
of the 1993 Act, the court shall remand the person concerned in custody
by a warrant of commitment, until the appeal is determined or otherwise
disposed of.
(6)
A record of the receipt of the written notice of appeal shall be made
in the same manner as that of the oral notice of appeal under paragraph
(3).
(7)
If, having given oral notice of appeal, the prosecution fails to serve
a written notice of appeal within the two hour period referred to in
section 1(5) of the 1993 Act the justices’ clerk shall, as soon
as practicable, by way of written notice (served by a court officer)
to the persons in whose custody the person concerned is, direct the
release of the person concerned on bail as granted by the magistrates’
court and subject to any conditions which it imposed.
(8)
If the prosecution serves notice of abandonment of appeal on a court
officer, the justices’ clerk shall, forthwith, by way of written
notice (served by the court officer) to the governor of the prison where
the person concerned is being held, or the person responsible for any
other establishment where such a person is being held, direct his release
on bail as granted by the magistrates’ court and subject to any
conditions which it imposed.
(9)
A court officer shall record the prosecution’s failure to serve
a written notice of appeal, or its service of a notice of abandonment.
(10)
Where a written notice of appeal has been served on a magistrates’
court officer, he shall provide as soon as practicable to a Crown Court
officer a copy of that written notice, together with—
(a)
the notes of argument made by the court officer for the court under
rule 19.10; and
(b) a note of the date, or dates, when the person concerned is next
due to appear in the magistrates’ court, whether he is released
on bail or remanded in custody by the Crown Court.
(11)
References in this rule to “the person concerned” are references
to such a person within the meaning of section 1 of the 1993 Act.
Formerly
rule 93A of the Magistrates’ Courts Rules 1981.
19.17
Crown Court procedure on appeal against grant of bail by a magistrates’
court
(1)
This rule shall apply where the prosecution appeals under section 1
of the Bail (Amendment) Act 1993 against a decision of a magistrates’
court granting bail and in this rule, “the person concerned”
has the same meaning as in that Act.
(2)
The written notice of appeal required by section 1(5) of the 1993 Act
shall be in the form set out in the Practice Direction and shall be
served on—
(a)
the magistrates’ court officer; and
(b) the person concerned.
(3) The Crown Court officer shall enter the appeal and give notice of
the time and place of the hearing to—
(a)
the prosecution;
(b) the person concerned or his legal representative; and
(c) the magistrates’ court officer.
(4)
The person concerned shall not be entitled to be present at the hearing
of the appeal unless he is acting in person or, in any other case of
an exceptional nature, a judge of the Crown Court is of the opinion
that the interests of justice require him to be present and gives him
leave to be so.
(5)
Where a person concerned has not been able to instruct a solicitor to
represent him at the appeal, he may give notice to the Crown Court requesting
that the Official Solicitor shall represent him at the appeal, and the
court may, if it thinks fit, assign the Official Solicitor to act for
the person concerned accordingly.
(6)
At any time after the service of written notice of appeal under paragraph
(2), the prosecution may abandon the appeal by giving notice in writing
in the form set out in the Practice Direction.
(7)
The notice of abandonment required by the preceding paragraph shall
be served on—
(a)
the person concerned or his legal representative;
(b) the magistrates’ court officer; and
(c) the Crown Court officer.
(8)
Any record required by section 5 of the Bail Act 1976 (together with
any note of reasons required by subsection (4) of that section to be
included) shall be made by way of an entry in the file relating to the
case in question and the record shall include the following particulars,
namely—
(a)
the effect of the decision;
(b) a statement of any condition imposed in respect of bail, indicating
whether it is to be complied with before or after release on bail;
and
(c) where bail is withheld, a statement of the relevant exception
to the right to bail (as provided in Schedule 1 to the 1976 Act) on
which the decision is based.
(9)
The Crown Court officer shall, as soon as practicable after the hearing
of the appeal, give notice of the decision and of the matters required
by the preceding paragraph to be recorded to—
(a)
the person concerned or his legal representative;
(b) the prosecution;
(c) the police;
(d) the magistrates’ court officer; and
(e) the governor of the prison or person responsible for the establishment
where the person concerned is being held.
(10) Where the judge hearing the appeal grants bail to the person concerned,
the provisions of rule 19.18(9) (informing the Court of any earlier
application for bail) and rule 19.22 (conditions attached to bail granted
by the Crown Court) shall apply as if that person had applied to the
Crown Court for bail.
(11)
In addition to the methods of service permitted by rule 4.3 (service
of documents in Crown Court proceedings), the notices required by paragraphs
(3), (5), (7) and (9) of this rule may be sent by way of facsimile transmission
and the notice required by paragraph (3) may be given by telephone.
Formerly
rule 11A of the Crown Court Rules 1982 ( (22)).
19.18
Applications to Crown Court relating to bail
(1)
This rule applies where an application to the Crown Court relating to
bail is made otherwise than during the hearing of proceedings in the
Crown Court.
(2)
Subject to paragraph (7) below, notice in writing of intention to make
such an application to the Crown Court shall, at least 24 hours before
it is made, be given to the prosecutor and if the prosecution is being
carried on by the Crown Prosecution Service, to the appropriate Crown
Prosecutor or, if the application is to be made by the prosecutor or
a constable under section 3(8) of the Bail Act 1976 ( (23)), to the
person to whom bail was granted.
(3)
On receiving notice under paragraph (2), the prosecutor or appropriate
Crown Public Prosecutor or, as the case may be, the person to whom bail
was granted shall—
(a)
notify the Crown Court officer and the applicant that he wishes to
be represented at the hearing of the application;
(b) notify the Crown Court officer and the applicant that he does
not oppose the application; or
(c) give to the Crown Court officer, for the consideration of the
Crown Court, a written statement of his reasons for opposing the application,
at the same time sending a copy of the statement to the applicant.
(4)
A notice under paragraph (2) shall be in the form set out in the Practice
Direction or a form to the like effect, and the applicant shall give
a copy of the notice to the Crown Court officer.
(5)
Except in the case of an application made by the prosecutor or a constable
under section 3(8) of the 1976 Act, the applicant shall not be entitled
to be present on the hearing of his application unless the Crown Court
gives him leave to be present.
(6)
Where a person who is in custody or has been released on bail desires
to make an application relating to bail and has not been able to instruct
a solicitor to apply on his behalf under the preceding paragraphs of
this rule, he may give notice in writing to the Crown Court of his desire
to make an application relating to bail, requesting that the Official
Solicitor shall act for him in the application, and the Court may, if
it thinks fit, assign the Official Solicitor to act for the applicant
accordingly.
(7)
Where the Official Solicitor has been so assigned the Crown Court may,
if it thinks fit, dispense with the requirements of paragraph (2) and
deal with the application in a summary manner.
(8)
Any record required by section 5 of the 1976 Act (together with any
note of reasons required by section 5(4) to be included) shall be made
by way of an entry in the file relating to the case in question and
the record shall include the following particulars, namely—
(a)
the effect of the decision;
(b) a statement of any condition imposed in respect of bail, indicating
whether it is to be complied with before or after release on bail;
(c) where conditions of bail are varied, a statement of the conditions
as varied; and
(d) where bail is withheld, a statement of the relevant exception
to the right to bail (as provided in Schedule 1 to the 1976 Act) on
which the decision is based.
(9)
Every person who makes an application to the Crown Court relating to
bail shall inform the Court of any earlier application to the High Court
or the Crown Court relating to bail in the course of the same proceedings.
Formerly
rule 19 and paragraph (1) of rule 20 of the Crown Court Rules 1982.
As to applications for bail before committal for trial see also direction
V.53, and for bail during trial see also direction III.25, in the Practice
Direction.
19.19
Notice to governor of prison of committal on bail
(1)
Where the accused is committed or sent for trial on bail, a magistrates’
court officer shall give notice thereof in writing to the governor of
the prison to which persons of the sex of the person committed or sent
are committed or sent by that court if committed or sent in custody
for trial and also, if the person committed or sent is under 21, to
the governor of the remand centre to which he would have been committed
or sent if the court had refused him bail.
(2)
Where a corporation is committed or sent for trial, a magistrates’
court officer shall give notice thereof to the governor of the prison
to which would be committed or sent a man committed or sent by that
court in custody for trial.
Formerly
rule 9 of the Magistrates’ Courts Rules 1981. For the equivalent
provision where a defendant is transferred for trial, see rule 11.2.
On the coming into force of Schedule 3 to the Criminal Justice Act 2003
( (24)) committal for trial will be abolished and cases triable either
way will be sent to the Crown Court under sections 51 and 51A of the
Crime and Disorder Act 1998 ( (25)) in the same way as cases triable
only on indictment.
19.20
Notices on committal of person subject to transfer direction
Where
a transfer direction has been given by the Secretary of State under
section 48 of the Mental Health Act 1983 ( (26)) in respect of a person
remanded in custody by a magistrates’ court and, before the direction
ceases to have effect, that person is committed or sent for trial, a
magistrates’ court officer shall give notice—
(a)
to the governor of the prison to which persons of the sex of that
person are committed or sent by that court if committed or sent in
custody for trial; and
(b) to the managers of the hospital where he is detained.
Formerly
rule 10 of the Magistrates’ Courts Rules 1981. For the equivalent
provision where a defendant is transferred for trial see rule 11.3.
On the coming into force of Schedule 3 to the Criminal Justice Act 2003
committal for trial will be abolished and cases triable either way will
be sent to the Crown Court under sections 51 and 51A of the Crime and
Disorder Act 1998 in the same way as cases triable only on indictment.
19.21
Variation of arrangements for bail on committal to Crown Court
Where
a magistrates’ court has committed or sent a person on bail to
the Crown Court for trial or under any of the enactments mentioned in
rule 43.1(1) and subsequently varies any conditions of the bail or imposes
any conditions in respect of the bail, the magistrates’ court
officer shall send to the Crown Court officer a copy of the record made
in pursuance of section 5 of the Bail Act 1976 relating to such variation
or imposition of conditions.
Formerly
rule 93 of the Magistrates’ Courts Rules 1981. See also section
5 of the Bail Act 1976. For the equivalent provision where a defendant
is transferred to the Crown Court, see rule 11.4. On the coming into
force of Schedule 3 to the Criminal Justice Act 2003 committal for trial
will be abolished and cases triable either way will be sent to the Crown
Court under sections 51 and 51A of the Crime and Disorder Act 1998 in
the same way as cases triable only on indictment.
19.22
Conditions attached to bail granted by the Crown Court
(1)
Where the Crown Court grants bail, the recognizance of any surety required
as a condition of bail may be entered into before an officer of the
Crown Court or, where the person who has been granted bail is in a prison
or other place of detention, before the governor or keeper of the prison
or place as well as before the persons specified in section 8(4) of
the Bail Act 1976.
(2)
Where the Crown Court under section 3(5) or (6) of the 1976 Act imposes
a requirement to be complied with before a person’s release on
bail, the Court may give directions as to the manner in which and the
person or persons before whom the requirement may be complied with.
(4)
A person who, in pursuance of an order made by the Crown Court for the
grant of bail, proposes to enter into a recognizance or give security
must, unless the Crown Court otherwise directs, give notice to the prosecutor
at least 24 hours before he enters into the recognizance or gives security
as aforesaid.
(5)
Where, in pursuance of an order of the Crown Court, a recognizance is
entered into or any requirement imposed under section 3(5) or (6) of
the 1976 Act is complied with (being a requirement to be complied with
before a person’s release on bail) before any person, it shall
be his duty to cause the recognizance or, as the case may be, a statement
of the requirement to be transmitted forthwith to the court officer;
and a copy of the recognizance or statement shall at the same time be
sent to the governor or keeper of the prison or other place of detention
in which the person named in the order is detained, unless the recognizance
was entered into or the requirement was complied with before such governor
or keeper.
(6)
Where, in pursuance of section 3(5) of the 1976 Act, security has been
given in respect of a person granted bail with a duty to surrender to
the custody of the Crown Court and either—
(a)
that person surrenders to the custody of the Court; or
(b) that person having failed to surrender to the custody of the Court,
the Court decides not to order the forfeiture of the security, the
court officer shall as soon as practicable give notice of the surrender
to custody or, as the case may be, of the decision not to forfeit
the security to the person before whom the security was given.
Formerly
paragraphs (2), (3), (5), (6) and (7) of rule 20 of the Crown Court
Rules 1982.
19.23
Estreat of recognizances in respect of person bailed to appear before
the Crown Court
(1) Where a recognizance has been entered into in respect of a person
granted bail to appear before the Crown Court and it appears to the
Court that a default has been made in performing the conditions of the
recognizance, other than by failing to appear before the Court in accordance
with any such condition, the Court may order the recognizance to be
estreated.
(2)
Where the Crown Court is to consider making an order under paragraph
(1) for a recognizance to be estreated, the court officer shall give
notice to that effect to the person by whom the recognizance was entered
into indicating the time and place at which the matter will be considered;
and no such order shall be made before the expiry of 7 days after the
notice required by this paragraph has been given.
Formerly
rule 21 of the Crown Court Rules 1982. As to forfeiture of recognizances
on failure to surrender, see rule 19.24.
19.24
Forfeiture of recognizances in respect of person bailed to appear before
the Crown Court
(1)
Where a recognizance is conditioned for the appearance of an accused
before the Crown Court and the accused fails to appear in accordance
with the condition, the Court shall declare the recognizance to be forfeited.
(2)
Where the Crown Court declares a recognizance to be forfeited under
paragraph (1), the court officer shall issue a summons to the person
by whom the recognizance was entered into requiring him to appear before
the Court at a time and place specified in the summons to show cause
why the Court should not order the recognizance to be estreated.
(3)
At the time specified in the summons the Court may proceed in the absence
of the person by whom the recognizance was entered into if it is satisfied
that he has been served with the summons.
Formerly
rule 21A of the Crown Court Rules 1982. As to the estreat of recognizances
on failure to comply with conditions of bail, see rule 19.23. For the
procedure where a defendant fails to surrender see also direction I.13
in the Practice Direction.
