Article 12 Amendments to the Criminal Procedure Rules 2015

In Part 34 (Appeal to the Crown Court), in rule 34.2 (Service of appeal notice)—

(a)

for paragraph (4) substitute—

“(4)
Where both the magistrates’ court and the Crown Court can grant bail or suspend a disqualification pending appeal, an application must indicate by which court the appellant wants the application determined.”; and

(b)

in the note to the rule, after the first paragraph insert—

“Under section 113 of the Magistrates’ Courts Act 1980^f1, the magistrates’ court may grant an appellant bail pending appeal. Under section 81(1)(b) of the Senior Courts Act 1981^f2, the Crown Court also may do so. See also rule 14.7.”.

Annotations

Footnotes

f1: 1980 c. 43; section 113 was amended by section 168 of, and paragraph 44 of Schedule 10 to, the Criminal Justice and Public Order Act 1994 (c. 33) and section 165 of, and paragraph 72 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).
f2: 1981 c.54.