Article 26 Application for bail: procedure

(1)

Subject to the provisions of this rule and rule 27, these Rules apply to—

(a)

applications for bail by a person who brings an appeal under section 2 of the 1997 Act, and

(b)

applications to the Commission under paragraphs 22 to 24 of Schedule 2 to the 1971 Act,

with appropriate modifications.

(2)

References in the Rules to the appellant shall be read, in relation to bail applications, as if they were references to the applicant.

(3)

Rules 8 and 9 shall not apply to bail applications.

(4)

Rule 10(1) (time limit for Secretary of State to reply) shall apply as if “14 days” were substituted for “42 days”.

(5)

An application to the Commission to be released on bail must be made in writing and shall contain the following particulars—

(a)

the full name of the applicant;

(b)

the address of the place where, and the reason why, the applicant is detained at the time when the application is made;

(c)

the date of any notice of appeal which has been given;

(d)

the address where the applicant would reside if his application for bail were to be granted;

(e)

the amount of the recognizance in which he would agree to be bound;

(f)

the full names, addresses and occupations of two persons who might act as sureties for the applicant if his application for bail were to be granted, and the amounts of the recognizances in which those persons might agree to be bound; and

(g)

the grounds on which the application is made and, where a previous application has been refused, particulars of any change in circumstances which has occurred since that refusal.

(6)

In its application to Scotland, this rule shall have effect as if, for paragraph (5)(e) and (f), there were substituted—

“(e)

the amount, if any, to be deposited if bail is granted;

(f)

the full names, addresses and occupations of such persons if any, who offer to act as cautioners if the applicant’s application for bail were to be granted;”.

(7)

A bail application shall be signed by the applicant or by a person duly authorised by him for that purpose or, in the case of an applicant who is a minor or who is for any reason incapable of acting, by any person acting on his behalf.

(8)

The application must be delivered, or sent by post, to the Commission.