Article 39 Bail hearings

United Kingdom

(1)

Subject to paragraph (3), where a bail application is for the bail party to be released on bail F1or is a reference under paragraph 11 of Schedule 10 F2to the 2016 Act, the Tribunal must, as soon as reasonably practicable, hold a hearing of the application.

(2)

In all other bail proceedings, the Tribunal may determine the matter without a hearing if it considers it can justly do so.

(3)

Where an application for release on bail is received by the Tribunal within 28 days after a Tribunal decision made at a hearing under paragraph (1) not to release the bail party on bail, the Tribunal—

(a)

must determine whether the bail party has demonstrated that there has been a material change in circumstances since the decision;

(b)

if the Tribunal so determines, must apply paragraph (1);

(c)

otherwise, must dismiss the application without a hearing.

F3(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Words in rule 39(1) inserted (15.1.2018) by The Tribunal Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/1168), rules 2, 15(a); S.I. 2017/1241, reg. 2(a)(c)
F2: Words in rule 39(1) inserted (27.12.2024) by The Tribunal Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/1283), rules 1, 5(2)
F3: Rule 39(4) omitted (15.1.2018) by virtue of The Tribunal Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/1168), rules 2, 15(b); S.I. 2017/1241, reg. 2(a)(c)