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Article 39 Bail hearing

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where an application for bail is filed, the Tribunal must—

(a)

as soon as reasonably practicable, serve a copy of the application on the Secretary of State; and

(b)

fix a hearing.

(2)

If the Secretary of State wishes to contest the application, he must file with the Tribunal and serve on the applicant a written statement of his reasons for doing so—

(a)

not later than 2.00 p.m. on the business day before the hearing; or

(b)

if he was served with notice of the hearing less than 24 hours before that time, as soon as reasonably practicable.

(3)

The Tribunal must serve written notice of its decision on—

(a)

the parties; and

(b)

the person having custody of the applicant.

(4)

Where bail is granted, the notice must include—

(a)

the conditions of bail; and

(b)

the amount in which the applicant and any sureties are to be bound.

(5)

Where bail is refused, the notice must include reasons for the refusal.