Rule 14.6 Reconsideration of police bail by magistrates’ courtI1
England and Wales
This rule applies where—
a party wants a magistrates’ court to reconsider a bail decision by a police officer after the defendant is charged with an offence; and
a defendant wants a magistrates’ court to reconsider a bail condition imposed by a police officer before the defendant is charged with an offence.
An application under this rule must be made to—
the magistrates’ court—
to whose custody the defendant is under a duty to surrender, if any, or
by which the most recent previous extension of pre-charge bail has been authorised, if applicable; or
any magistrates’ court acting for the police officer’s local justice area, in any other case.
The applicant party must—
apply in writing; and
serve the application on—
the court officer,
the other party, and
any surety affected or proposed.
The application must—
specify—
the decision that the applicant wants the court to make,
each offence charged, or for which the defendant was arrested, and
the police bail decision to be reconsidered and the reasons given for it;
explain, as appropriate—
why the court should grant bail itself, or withdraw it, or impose or vary a condition, and
if the applicant is the prosecutor, what material information has become available since the police bail decision was made;
propose the terms of any suggested condition of bail; and
if the applicant wants an earlier hearing than paragraph (7) requires, ask for that, and explain why it is needed.
A prosecutor who applies under this rule must serve on the defendant, with the application, notice that the court has power to withdraw bail and, if the defendant is absent when the court makes its decision, order the defendant’s arrest.
A party who opposes an application must—
so notify the court officer and the applicant at once; and
serve on each notice of the reasons for opposition.
Unless the court otherwise directs, the court officer must arrange for the court to hear the application as soon as practicable and in any event—
if it is an application to withdraw bail, no later than the second business day after it was served; and
in any other case, no later than the fifth business day after it was served.
The court may—
vary or waive a time limit under this rule;
allow an application to be in a different form to one issued under the Practice Direction; and
if rule 14.2 allows, determine without a hearing an application to vary a condition.
[Note. Under section 5B of the Bail Act 1976f1—
where a defendant has been charged with an offence which can be tried in the Crown Court; or
in an extradition case,
on application by the prosecutor a magistrates’ court may withdraw bail granted by a constable, impose conditions of bail, or vary conditions of bail. See also sections 37, 37C(2)(b), 37CA(2)(b), 46A and 47(1B) of the Police and Criminal Evidence Act 1984f2.
Under section 43B of the Magistrates’ Courts Act 1980f3, where a defendant has been charged with an offence, on application by the defendant a magistrates’ court may grant bail itself, in substitution for bail granted by a custody officer, or vary the conditions of bail granted by a custody officer. See also sections 37, 37C(2)(b), 37CA(2)(b), 46A and 47(1C), (1D) of the Police and Criminal Evidence Act 1984f4.
Under section 47(1E) of the Police and Criminal Evidence Act 1984f5, where a defendant has been released on bail by a custody officer without being charged with an offence, on application by the defendant a magistrates’ court may vary any conditions of that bail. See also rules 14.18 and 14.19 and sections 37, 37C(2)(b), 37CA(2)(b), 46A and 47(1C) of the Act.]
Annotations
Commencement
Footnotes
- f1
1976 c. 63; section 5B was inserted by section 30 of the Criminal Justice and Public Order Act 1994 (c. 33) and amended by section 129(3) of the Criminal Justice and Police Act 2001 (c. 16), section 109 of, and paragraph 183 of Schedule 8 and Schedule 10 to, the Courts Act 2003 (c. 39) and section 198 of the Extradition Act 2003 (c. 41).
- f2
1984 c. 60; section 37 was amended by section 108(7) of, and Schedule 15 to, the Children Act 1989 (c. 41), sections 72 and 101(2) of, and Schedule 13 to, the Criminal Justice Act 1991 (c. 53), sections 29(4) and 168(3) of, and Schedule 11 to, the Criminal Justice and Public Order Act 1994 (c. 33), section 28 of, and paragraphs 1 and 2 of Schedule 2 to, the Criminal Justice Act 2003 (c. 44), section 23(1) of, and paragraphs 1 and 2 of Schedule 1 to, the Drugs Act 2005 (c. 17) and sections 11 and 52 of, and paragraph 9 of Schedule 14 to, the Police and Justice Act 2006 (c. 48). Section 37C was inserted by section 28 of, and paragraphs 1 and 3 of Schedule 2 to, the Criminal Justice Act 2003 (c. 44). Section 37CA was inserted by section 10 of, and paragraphs 1 and 8 of Schedule 6 to, the Police and Justice Act 2006 (c. 48). Section 46A was inserted by section 29 of the Criminal Justice and Public Order Act 1994 (c. 33), and amended by section 28 of, and paragraphs 1 and 5 of Schedule 2 to, the Criminal Justice Act 2003 (c. 44), sections 10 and 46 of, and paragraphs 1 and 7 of Schedule 6 to, the Police and Justice Act 2006 (c. 48) and sections 107 and 178 of, and Part 3 of Schedule 3 to, the Coroners and Justice Act 2009 (c. 25). Section 47(1B) was inserted by section 28 of, and paragraphs 1 and 6 of Schedule 2 to, the Criminal Justice Act 2003 (c. 44) and amended by section 10 of, and paragraphs 1 and 11 of Schedule 6 to, the Police and Justice Act 2006 (c. 48).
- f3
1980 c. 43; section 43B was inserted by section 27 of, and paragraph 3 of Schedule 3 to, the Criminal Justice and Public Order Act 1994 (c. 33).
- f4
1984 c. 60; section 47(1C) and (1D) were inserted by section 28 of, and paragraphs 1 and 6 of Schedule 2 to, the Criminal Justice Act 2003 (c. 44), and section 47(1C) was amended by section 10 of, and paragraphs 1 and 11 of Schedule 6 to, the Police and Justice Act 2006 (c. 48).
- f5
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).