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Policing and Crime Act 2009

Section 46 Further provision about remands and Schedule 5 Injunctions: powers to remand

264.Section 46 introduces Schedule 5 to the Act, which makes further provision about the powers to remand under sections 43 and 44.

265.Paragraph 2 of Schedule 5 provides that the court may either remand the individual in custody or on bail. If the remand is on bail, this paragraph ensures that the court can take a recognizance from the individual or fix the amount of a recognizance to be taken subsequently.

266.Paragraph 4 sets out that the maximum time for a remand in custody is eight clear days, unless both the individual and the applicant consent to a longer period.

267.Paragraph 5 provides that the court may further remand an individual in his absence, if the individual does not appear in court due to accident or illness and that the court may, for an individual remanded on bail, enlarge the individual’s recognizance.

268.Paragraph 6 enables the court to postpone the taking of a recognizance for it to be taken in accordance with the rules of court.

269.Paragraph 7 ensures that the court may impose conditions on an individual remanded on bail.

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