The Criminal Procedure Rules 2010

Application to a magistrates’ court to vary conditions of bail

19.1.—(1) An application under section 43B(1) of the Magistrates’ Courts Act of 1980(1), or section 47(1E) of the Police and Criminal Evidence Act 1984(2), to vary conditions of police bail, shall—

(a) be made in writing;

(b) contain a statement of the grounds upon which it is made;

(c) where the applicant has been bailed following charge, specify the offence with which he was charged and, in any other case, specify the offence under investigation;

(d) specify, or be accompanied by a copy of the note of, the reasons given by the custody officer for imposing or varying the conditions of bail;

(e) specify the name and address of any surety provided by the applicant before his release on bail to secure his surrender to custody; and

(f) specify the address at which the applicant would reside, if the court imposed a condition of residence.

(2) Any such application shall be sent to the court officer for—

(a) the magistrates’ court appointed by the custody officer as the court before which the applicant has a duty to appear; or

(b) if no such court has been appointed, a magistrates’ court acting for the local justice area in which the police station at which the applicant was granted bail or at which the conditions of his bail were varied, as the case may be, is situated,

(3) The court officer to whom an application is sent under paragraph (2) above shall serve not less than 24 hours’ notice in writing of the date, time and place fixed for the hearing of the application on—

(a) the applicant;

(b) the prosecutor or, if the applicant has not been charged, the chief officer of police or other investigator, together with a copy of the application; and

(c) any surety in connection with bail in criminal proceedings granted to, or the conditions of which were varied by a custody officer in relation to, the applicant.

(4) The time fixed for the hearing shall be not later than 72 hours after receipt of the application. In reckoning for the purposes of this paragraph any period of 72 hours, no account shall be taken of Christmas Day, Boxing Day, Good Friday, any bank holiday, or any Saturday or Sunday.

(5) A party who wants a magistrates’ court to vary or impose conditions of bail under section 3(8) of the Bail Act 1976(3), must—

(a) serve notice, not less than 24 hours before the hearing at which that party intends to apply, on—

(i) the court officer, and

(ii) the other party; and

(b) in that notice—

(i) specify the variation or conditions proposed, and

(ii) explain the reasons.

(6) If the magistrates’ court hearing an application under section 43B(1) of the 1980 Act or section 47(1E) of the 1984 Act discharges or enlarges any recognizance entered into by any surety or increases or reduces the amount in which that person is bound, the court officer shall forthwith give notice thereof to the applicant and to any such surety.

(7) The court may—

(a) vary or waive a time limit under paragraph (3) or (5) of this rule; and

(b) allow a notice to be—

(i) in a different form to one set out in the Practice Direction, or

(ii) given orally.

[Note. See also section 43B of the Magistrates’ Courts Act 1980 and section 47 of the Police and Criminal Evidence Act 1984(4).

The Practice Direction sets out a form for use in connection with this rule.]

(1)

1980 c. 43; section 43B was inserted by section 27 of, and paragraph 3 of Schedule 3 to, the Criminal Justice and Public Order Act 1994 (c. 33).

(2)

1984 c. 60; section 47(1E) was inserted by section 28 of, and paragraphs 1 and 6 of Schedule 2 to, the Criminal Justice Act 2003 (c. 44).

(3)

1976 c. 63; section 3(8) was amended by section 65 of, and Schedule 12 to, the Criminal Law Act 1977 (c. 45) and is further amended by section 41 of, and paragraph 48 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44), commenced in part and for certain purposes only, the remainder to take effect from a date to be appointed.

(4)

1984 (c. 60); section 47 was amended by sections 27, 29 and 168 of, and Schedule 11 to, the Criminal Justice and Public Order Act 1994 (c. 33), section 46 of the Crime and Disorder Act 1998 (c. 37), section 109 of, and paragraph 283 of Schedule 8 to, the Courts Act 2003 (c. 39), sections 12 and 28 of, and paragraphs 1 and 10 of Schedule 1, and paragraphs 1 and 6 of Schedule 2 to, the Criminal Justice Act 2003 (c. 44) and section 10 of, and paragraphs 1 and 6 of Schedule 6 of the Police and Justice Act 2006 (c. 48). It was also amended by section 46 of the Police and Justice Act 2006 (c. 48) for certain purposes; and is so amended for remaining purposes, with effect from a date to be appointed.