The Court Martial Appeal Court (Bail) Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the Court Martial Appeal Court (“the Court”) to grant conditional release from custody pending an appeal to the Court.

Article 3 gives the Court the power to grant or revoke bail pending appeal, and to vary the conditions of bail. It also provides that the powers of the Court to do so may be exercised by a single judge of the Court. However, in the event that a single judge refuses an application on the part of an appellant under article 3, it provides for the appellant to be entitled to have the application determined by the full Court.

Article 4 provides that bail cannot be granted, save in exceptional circumstances, to appellants convicted of any of the offences listed in section 25(2) of the Criminal Justice and Public Order Act 1994 (c. 33) or an offence under Armed Forces legislation corresponding to such an offence where the appellant has been previously convicted of such an offence.

Article 5 provides that any time spent on release on bail does not count as part of the term of imprisonment or detention.

Article 6 sets out the procedure for making an application to the Court about bail pending appeal.

Article 7 deals with the procedure for imposing conditions, such as the entering of a recognizance by a surety, which are required to be met before an appellant is released on bail.

Article 8 deals with the requirements which may be imposed by the Court as conditions of bail and allows the Court to impose such conditions as appear to be necessary to secure the person’s surrender and good behaviour when released.

Article 9 requires the making of records of certain of the Court’s decisions relating to bail and the power to order the forfeiture of security where a person has failed to surrender to custody.

Article 10 provides for two offences, namely the offence of failing without reasonable cause to surrender to custody and the offence of failing to surrender as soon as reasonably practical after having failed to surrender because of reasonable cause.

Article 11 gives the Court the power to direct the arrest of a person who has failed to surrender to custody or who has absconded following his surrender. The article also allows a constable or service policeman to arrest a person in the absence of such a direction in certain specified circumstances.

Article 12 applies where the grant of bail is conditional on the provision of sureties to secure the person’s surrender to custody. It sets out the factors which may be considered by the Court in deciding on the suitability of a surety, together with the procedure for the surety to enter recognizances.

Article 13 sets out the procedure for the Court to order forfeiture of a recognizance in the event of the appellant failing to surrender to custody.

Article 14 creates the offence of agreeing to indemnify sureties.