Article 10 Amendments to the Criminal Procedure Rules 2005I1

England and Wales

In rule 19.1 (Application to a magistrates' court to vary conditions of police bail)—

(a)

in paragraph (1)—

(i)

in the opening words, after “Magistrates' Courts Act of 1980^f1”, insert “or section 47(1E) of the Police and Criminal Evidence Act 1984^f2”, and

(ii)

for sub-paragraph (c), substitute—

“(c)

where the applicant has been bailed following charge, specify the offence with which he was charged and, in any other case, specify the offence under investigation;”;

(b)

in paragraph (2)—

(i)

in sub-paragraph (a), omit “(if any)”, and

(ii)

in sub-paragraph (b), omit the words from “and, in either case” to the end;

(c)

for paragraph (3), substitute—

“(3)

The court officer to whom an application is sent under paragraph (2) above shall serve notice in writing of the date, time and place fixed for the hearing of the application on—

(a)

the applicant;

(b)

the prosecutor or, if the applicant has not been charged, the chief officer of police or other investigator, together with a copy of the application; 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.”;

(d)

in paragraph (4), after “Christmas Day,”, insert “Boxing Day,”; and

(e)

in paragraphs (6) and (7), after “the 1980 Act”, insert “or section 47(1E) of the 1984 Act”.

Annotations

Commencement

I1: Rule 10 in force at 2.4.2007, see rule 1

Footnotes

f1: 1980 c. 43.
f2: 1984 (c. 60); section 47(1E) was inserted by section 28 of, and paragraphs 1 and 6 of Schedule 2 to, the Criminal Justice Act 2003 (c. 44).