OpenLegislation

Paragraph 3

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Without prejudice to any other power to grant bail, a person appealing or applying for leave to appeal from the Court of Appeal or the High Court under section 41 may be admitted to bail by the court below pending the appeal; and in relation to any recognizances to be entered into under F1Article 148 of the Magistrates’ Courts (Northern Ireland) Order 1981 or under F2Article 63 of the County Courts (Northern Ireland) Order 1980 any reference in that section or that Article to the judgment of the Court of Appeal shall be construed as including a reference to the judgment of the F3the Supreme Court or, if the case is remitted by F4the Supreme Court to the Court of Appeal, to the judgment of that court on the case as so remitted.

(2)

Where application is made to the High Court or the Court of Appeal for leave to appeal, that court may give such directions as it thinks fit for discharging or enlarging any recognizances entered into by the applicant or any surety, under any statutory provision or otherwise, with reference to the proceedings of that court.

Annotations

Textual amendments

F1

Words substituted by S.I. 1981/1675 (N.I. 26), s. 170(2), Sch. 6 para. 55

F2

Words substituted by S.I. 1980/397 (N.I. 3), art. 168(2), Sch. 1 Pt. II

F3

Words in Sch. 1 para. 3 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 30(8)(b); S.I. 2009/1604, art. 2(d)

F4

Words in Sch. 1 para. 3 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 30(8)(b); S.I. 2009/1604, art. 2(d)

Notes on Schedule 1

Textual amendments

F1

Words in Sch. 1 heading substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 30(8)(a); S. I. 2009/1604, art. 2(d)