PART 19BAIL AND CUSTODY TIME LIMITS

SECTION 1: GENERAL RULES

General duties of court officer19.4

1

The court officer must arrange for a note or other record to be made of—

a

the parties’ representations about bail; and

b

the court’s reasons for a decision—

i

to withhold bail, or to impose or vary a bail condition, or

ii

to grant bail, where the prosecutor opposed the grant.

2

The court officer must serve notice of a decision about bail on—

a

the defendant (but, in the Crown Court, only where the defendant’s legal representative asks for such a notice, or where the defendant has no legal representative);

b

the prosecutor (but only where the court granted bail, the prosecutor opposed the grant, and the prosecutor asks for such a notice);

c

a party to the decision who was absent when it was made;

d

a surety who is directly affected by the decision;

e

the defendant’s custodian, where the defendant is in custody and the decision requires the custodian—

i

to release the defendant (or will do so, if a requirement ordered by the court is met), or

ii

to transfer the defendant to the custody of another custodian;

f

the court officer for any other court at which the defendant is required by that decision to surrender to custody.

3

Where the court postpones the date on which a defendant who is on bail must surrender to custody, the court officer must serve notice of the postponed date on—

a

the defendant; and

b

any surety.

[Note. See section 5 of the Bail Act 1976298; section 43 of the Magistrates’ Courts Act 1980299; and section 52 of the Mental Health Act 1983300.]