# The Criminal Procedure (Amendment No. 2) Rules 2008, Rule 7


In Part 19 (Bail in magistrates' courts and the Crown Court)—
(a) in the table of contents—
(i) from the entry for rule 19.1, omit “police”,
(ii) after the entry for rule 19.24, insert, in the first column, “Grant of bail subject to a condition of residence” and, in the second column, “rule 19.25”;
(b) from the heading to rule 19.1 (Application to a magistrates' court to vary conditions of police bail), omit “police”;
(c) in rule 19.1—
(i) in rule 19.1(1), after “1984”, insert “, to vary conditions of police bail,”,
(ii) from the end of rule 19.1(1)(d), omit “and”,
(iii) in rule 19.1(1)(e), after “custody”, insert “; and (f) specify the address at which the applicant would reside, if the court imposed a condition of residence”,
(iv) in rule 19.1(3), after “shall serve”, insert “not less than 24 hours'”,
(v) after rule 19.1(4), insert—
“(5) A party who wants a magistrates' court to vary or to impose conditions of bail under section 3(8) of the Bail Act 1976, must—
(a) serve notice, not less than 24 hours before the hearing at which that party intends to apply, on—
(i) the court officer, and
(ii) the other party; and
(b) in that notice—
(i) specify the variation or conditions proposed, and
(ii) explain the reasons.”, and
(vi) for rule 19.1(7), substitute—
“(7) The court may—
(a) vary or waive a time limit under paragraph (3) or (5) of this rule; and
(b) allow a notice to be—
(i) in a different form to one set out in the Practice Direction, or
(ii) given orally.”;
(d) at the end of the note after rule 19.1 (Application to a magistrates' court to vary conditions of bail), insert “The Practice Direction sets out a form for use in connection with this rule.”; and
(e) after rule 19.24 (Forfeiture of recognizances in respect of person bailed to appear before the Crown Court), insert—
“Grant of bail subject to a condition of residence—
19.25 (1) The defendant must notify the prosecutor of the address at which the defendant would reside if released on bail with a condition of residence—
(a) as soon as practicable after the institution of proceedings, unless already done; and
(b) as soon as practicable after any change of that address.
(2) The prosecutor must help the court to assess the suitability of an address proposed as a condition of residence.
[Note. Under section 4 of the Bail Act 1976, the general rule, subject to exceptions, is that a defendant must be granted bail. Schedule 1 to the Act sets out some of the exceptions. Paragraph 5 of that Schedule allows a court to withhold bail if satisfied that it has not been practicable, for want of time since the institution of the proceedings, to obtain sufficient information for it to take the decisions required by that Schedule.]”.

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Source: https://www.legislation.gov.uk/uksi/2008/3269/rule/7 (the official version)
Page: https://openlegislation.uk/criminal-procedure-amendment-no-2-rules-2008/rule-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.