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The Criminal Justice (Northern Ireland) Order 2003
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Power to grant bail where police bail has been granted
9. After Article 132 of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26) (powers of resident magistrate or other justice in relation to persons not released on bail), there shall be inserted the following Article—
“Power to grant bail where police bail has been granted
132A.—(1) Where a custody officer—
(a)grants bail to any person under Part V of the Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12) and imposes conditions; or
(b)varies, in relation to any person, conditions of bail under Article 48(3E) of that Order,
a magistrates' court may, on application by or on behalf of that person, grant bail or vary the conditions.
(2) On an application under paragraph (1), the court, if it grants bail and imposes conditions or if it varies the conditions, may impose more onerous conditions.
(3) On determining an application under paragraph (1), the court shall remand the applicant in custody or on bail in accordance with the determination and, where the court withholds bail or grants bail, the grant of bail by the custody officer shall lapse.”.
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