The Court Martial Appeal Court (Bail) Order 2009

Bail - conditions and directions

8.—(1) This article applies where the Court grants the appellant bail subject to a condition that shall be met before the appellant is released.

(2) The court may direct how the condition shall be met.

(3) The registrar shall serve a certificate in the form set out as form 1b in the Schedule recording the condition and any such direction on—

(a) the appellant;

(b) the custodian; and

(c) any other person directly affected by any such direction.

(4) A person directly affected by any such direction need not comply with it until the registrar serves that person with the certificate.

(5) Unless the Court otherwise directs, if the condition or any such direction requires someone to enter into a recognizance, the recognizance shall be—

(a) in the form set out as form 1c in the Schedule and signed before—

(i) the registrar;

(ii) the custodian; or

(iii) someone acting with the authority of the registrar or custodian;

(b) copied immediately to the person who enters into it; and

(c) served immediately by the registrar on the custodian, or by the custodian on the registrar, as appropriate.

(6) Unless the Court otherwise directs, if the condition or any such direction requires someone to make a payment, surrender a document or take some other step—

(a) that payment, document or step shall be made, surrendered or taken to or before—

(i) the registrar;

(ii) the custodian; or

(iii) someone acting with the authority of the registrar or custodian;

(b) the registrar or the custodian, as appropriate, shall serve immediately on the other a statement that the payment, document or step has been made, surrendered or taken, as appropriate.

(7) The custodian shall release the appellant where it appears that any condition ordered by the Court has been met.

(8) Any record required by article 9 shall be made by including in a file relating to the case in question—

(a) any certificate served under paragraph (3); and

(b) a copy of any notice, required to be given under rules made under section 49 of the Court Martial Appeals Act 1968, of the determination by the Court of the application under article 3.