{
  "url": "https://openlegislation.uk/criminal-procedure-rules-2025/rule-14.2",
  "json_url": "https://openlegislation.uk/criminal-procedure-rules-2025/rule-14.2.json",
  "legislation": "uksi/2025/909",
  "legislation_title": "The Criminal Procedure Rules 2025",
  "legislation_url": "https://openlegislation.uk/criminal-procedure-rules-2025",
  "path": "rule/14.2",
  "kind": "rule",
  "number": "14.2",
  "heading": "Exercise of court’s powers: general",
  "text": "(1) The court must not make a decision to which this Part applies unless—\n(a) each party to the decision and any surety directly affected by the decision—\n(i) is present, in person or by live link, or\n(ii) has had an opportunity to make representations;\n(b) on an application for bail by a defendant who is absent and in custody, the court is satisfied that the defendant—\n(i) has waived the right to attend, or\n(ii) was present when a court withheld bail in the case on a previous occasion and has been in custody continuously since then;\n(c) on a prosecutor’s appeal against a grant of bail, application to extend a custody time limit or appeal against a refusal to extend such a time limit—\n(i) the court is satisfied that a defendant who is absent has waived the right to attend, or\n(ii) the court is satisfied that it would be just to proceed even though the defendant is absent; and\n(d) the court is satisfied that sufficient time has been allowed—\n(i) for the defendant to consider the information provided by the prosecutor under rule 14.5(2), and\n(ii) for the court to consider the parties’ representations and make the decision required.\n(2) The court may make a decision to which this Part applies at a hearing, in public or in private.\n(3) The court may determine without a hearing an application to vary a condition of bail if—\n(a) the parties to the application have agreed the terms of the variation proposed; or\n(b) on an application by a defendant, the court determines the application no sooner than the fifth business day after the application was served.\n(4) The court may adjourn a determination to which this Part applies, if that is necessary to obtain information sufficient to allow the court to make the decision required.\n(5) At any hearing at which the court makes one of the following decisions, the court must announce in terms the defendant can understand (with help, if necessary), and by reference to the circumstances of the defendant and the case, its reasons for—\n(a) withholding bail, or imposing or varying a bail condition;\n(b) granting bail, where the prosecutor opposed the grant; or\n(c) where the defendant is under 18—\n(i) imposing or varying a bail condition when ordering the defendant to be detained in local authority accommodation, or\n(ii) ordering the defendant to be detained in youth detention accommodation.\n(6) At any hearing at which the court grants bail, the court must—\n(a) tell the defendant where and when to surrender to custody; or\n(b) arrange for the court officer to give the defendant, as soon as practicable, notice of where and when to surrender to custody.\n(7) This rule does not apply on an application to a magistrates’ court to authorise an extension of pre-charge bail.\n[Note. See section 5 of the Bail Act 1976 and sections 93(7) and 102(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.\nWhen, by virtue of a direction given under section 51 of the Criminal Justice Act 2003, a defendant attends a hearing through a live link, then under section 52A of that Act the defendant is to be treated as present in court.\nUnder section 91 of the 2012 Act, instead of granting bail to a defendant under 18 the court may—\n(a) remand him or her to local authority accommodation and, after consulting with that authority, impose on the defendant a condition that the court could impose if granting bail; or\n(b) remand him or her to youth detention accommodation, if the defendant is at least 12 years old and the other conditions, about the offence and the defendant, prescribed by the Act are met.\nSee also rule 14.18 (Exercise of court’s powers: extension of pre-charge bail).]",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in rule 14.2 Note substituted (23.2.2026) by The Criminal Procedure (Amendment) Rules 2026 (S.I. 2026/47), rule 2, Sch. para. 5"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 14.2 in force at 6.10.2025, see Preamble"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "2012 c. 10."
    }
  ],
  "outstanding_effects": [
    {
      "type": "word inserted",
      "affecting": "uksi/2026/721",
      "affecting_title": "The Criminal Procedure (Amendment) (No. 2) Rules 2026"
    },
    {
      "type": "word omitted",
      "affecting": "uksi/2026/721",
      "affecting_title": "The Criminal Procedure (Amendment) (No. 2) Rules 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/909/rule/14.2",
    "retrieved_at": "2026-10-28T21:12:44.140935+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}