The Special Immigration Appeals Commission (Procedure) Rules 1998

PART IV BAIL APPLICATIONS

Application for bail: procedure

26.—(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.

Release on bail

27.—(1) Where the Commission directs the release of an applicant on bail and the taking of the recognizance is postponed under paragraph 22(3) or 29(6) of Schedule 2 to the 1971 Act, it shall certify in writing that the applicant has been granted bail and shall include in the certificate—

(a) particulars of the conditions to be endorsed on the recognizance with a view to the recognizance being taken subsequently;

(b) the amounts in which the applicant and any sureties are to be bound; and

(c) the date of issue of the certificate.

(2) The person having custody of an applicant shall release him—

(a) on receipt of a certificate signed by the Commission stating that the recognizances of any sureties required have been taken or on being otherwise satisfied that all such recognizances have been taken, and

(b) on being satisfied that the applicant has entered into his recognizance.

(3) In its application to Scotland, this rule shall have effect as if for paragraph (2), there were substituted—

“(2) The person having custody of an appellant shall release him—

(a) on receipt of a certified copy of the decision to grant bail, and

(b) on being satisfied that the amount, if any, to be deposited has been so deposited.”.