Rule 14.17 Arrangements for court to receive defendant arrested for breach of bailI1

England and Wales

(1)

The court officer must arrange for a defendant of whose arrest the police custody officer gives notice under rule 14.16 (Notice of arrest for breach of bail)—

(a)

if the arrest was under a Crown Court warrant, to be brought at once before—

(i)

the Crown Court, if the defendant is charged with murder or with murder and one or more other offences, or

(ii)

if the defendant is not so charged, the Crown Court as a general rule and otherwise a magistrates’ court;

(b)

if the arrest was under a magistrates’ court warrant, to be brought as soon as practicable before a magistrates’ court; and

(c)

if the arrest was without a warrant, subject to paragraph (2) to be brought as soon as practicable before a magistrates’ court—

(i)

by 3.30pm that day if that day is a business day,

(ii)

by 12.30pm that day if that day is a Saturday or a bank holiday,

(iii)

in either case, later if, but only if, a disability or vulnerability of the defendant so requires, and in any event

(iv)

within 24 hours after the arrest (but omitting from that period any part of a day which is Christmas Day, Good Friday or a Sunday).

(2)

Where a defendant of whose arrest the police custody officer gives notice under rule 14.16 was arrested without a warrant—

(a)

if the arrest was within 24 hours of the time at which that defendant was due to surrender into the custody of a court then the court officer must arrange for the defendant to be brought before that court; and

(b)

if the defendant is charged with murder or with murder and one or more other offences then—

(i)

the court officer must arrange for the defendant to be brought before the Crown Court as soon as practicable and in any event within 24 hours after the arrest (but omitting from that period any part of a day which is not a business day), and

(ii)

in paragraph (3) the reference to justices’ legal advisers is omitted.

(3)

In making the arrangements required by paragraph (1) the court officer must—

(a)

consult with those affected including—

(i)

the police custody officer,

(ii)

court members,

(iii)

justices’ legal advisers and other court officers, and

(iv)

the prosecutor; and

(b)

as far as is practicable rearrange court business to ensure that the time available will allow all cases heard that day to conclude by 4.30pm (or later if, but only if, a disability or vulnerability of the defendant the subject of this rule so requires).

(4)

When arrangements for the defendant to be brought before a court have been made the court officer promptly must so inform—

(a)

the police custody officer; and

(b)

as applicable, others consulted under paragraph (3)(a).

(5)

The court before which the defendant is brought under this rule must—

(a)

deal there and then with the alleged breach of bail; and

(b)

as far as is practicable take the next steps required in the defendant’s case in accordance with rule 3.8 (Case preparation and progression).

Annotations

Commencement

I1: Rule 14.17 in force at 6.10.2025, see Preamble