Article 41 Decision in bail proceedings

United Kingdom

(1)

The Tribunal must provide written notice of its decision to—

(a)

the parties; and

(b)

if the bail application is for the bail party to be released on bail, the person having custody of the bail party.

F1(2)

Where bail is granted or varied, the notice must state—

(a)

when the grant of bail commences;

(b)

any bail conditions, including any amounts payable under a financial condition; and

(c)

the information required under rule 42.

(3)

Where bail is refused or where the Tribunal orders F2payment of a sum under a financial condition, the notice must include reasons for the decision.

F3(4)

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

(5)

Paragraph (6) applies where the Tribunal determines that directions for the removal of the bail party from the United Kingdom are for the time being in force and the directions require the bail party to be removed from the United Kingdom within F421 days of the date of the decision to release the bail party on bail F5....

(6)

The notice provided under paragraph (1) must state—

(a)

the determination of the Tribunal under paragraph (5);

(b)

whether the Secretary of State has consented to the release of the bail party;

(c)

where the Secretary of State has not consented to that release, that the bail party must therefore not be released on bail.

Annotations

Textual amendments

F1: Rule 41(2) substituted (15.1.2018) by The Tribunal Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/1168), rules 2, 17(a); S.I. 2017/1241, reg. 2(a)(c)
F2: Words in rule 41(3) substituted (15.1.2018) by The Tribunal Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/1168), rules 2, 17(b); S.I. 2017/1241, reg. 2(a)(c)
F3: Rule 41(4) omitted (15.1.2018) by virtue of The Tribunal Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/1168), rules 2, 17(c); S.I. 2017/1241, reg. 2(a)(c)
F4: Word in rule 41(5) substituted (20.11.2023) by The Nationality and Borders Act 2022 (Consequential Amendments) Regulations 2023 (S.I. 2023/1129), regs. 1(1), 3(2)
F5: Words in rule 41(5) omitted (30.10.2018) by virtue of The Tribunal Procedure (Amendment No. 2) Rules 2018 (S.I. 2018/1053), rules 1, 5(2)