# The Asylum Appeals (Procedure) Rules 1996, Article 25: Bail


(1) An application by an appellant to be released on bail if made to —
(a) an immigration officer or police officer, shall be made orally; or
(b) the appellate authority, may be made either orally or in writing.
(2) Where an application is made in writing pursuant to paragraph (1)(b), it shall contain the following particulars —
(a) the full name of the appellant;
(b) the address of the place where, and the purpose for which, the appellant is detained at the time when the application is made;
(c) whether an appeal is pending at the time when the application is made;
(d) the address where the appellant would reside if his application for bail were to be granted;
(e) the amount of the recognizance in which he would agree to be bound;
(f) the full names, addresses and occupations of two persons who might act as sureties for the appellant if his application for bail were to be granted, and the amounts of the recognizance in which those persons might agree to be bound; and
(g) the grounds on which the application is made and, where a previous application has been refused, full particulars of the change in circumstances which has occurred since that refusal.
(3) An application made in writing pursuant to paragraph (l)(b) shall be signed by the appellant or by a person duly authorised by him in that behalf or, in the case of an appellant who is a minor or who is for any reason incapable of acting, by any person acting on his behalf.
(4) The recognizance of an appellant shall be in Form A4 and that of a surety in Form A5.
(5) Where the appellate authority directs the release of an appellant on bail and the taking of the recognizance is postponed under paragraph 22(3) or 29(6) of Schedule 2 to the 1971 Act, it shall certify in writing that bail has been granted in respect of the appellant, and shall include in the certificate particulars of the conditions to be endorsed on the recognizance with a view to the recognizance being taken subsequently, the amounts in which the appellant and any sureties are to be bound and the date of issue of the certificate.
(6) The person having custody of an appellant shall —
(a) on receipt of a certificate signed by or on behalf of the appellate authority stating that the recognizance of any sureties required have been taken, or on being otherwise satisfied that all such recognizances have been taken; and
(b) on being satisfied that the appellant has entered into his recognizance,
release the appellant.
(7) Paragraphs (4) and (5) above shall not apply to Scotland, and in its application to Scotland, this rule shall have effect as if
(a) for paragraph (2)(e) and (f), there were substituted —
“(e) the amount, if any, to be deposited if bail is granted;
(f) the full names, addresses and occupations of such persons, if any, who offer to act as cautioners if the appellant’s application for bail were to be granted;;”
(b) for paragraph (6), there were substituted —
“(6) The person having custody of an appellant shall on receipt of a certified copy of the decision to grant bail and on being satisfied that the amount, if any, to be deposited has been so deposited release the appellant..”

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Source: https://www.legislation.gov.uk/uksi/1996/2070/article/25 (the official version)
Page: https://openlegislation.uk/asylum-appeals-procedure-rules-1996/article-25
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

