Part 10

Retrial for serious offences

Arrest, custody and bail

Bail and custody before hearing
89
1
This section applies where notice of an application is given under section 80(1).
2
If the person to whom the application relates is in custody under section 88(4)(b) or (5), he must be brought before the Crown Court as soon as practicable and, in any event, within 48 hours after the notice is given.
3
If that person is not in custody under section 88(4)(b) or (5), the Crown Court may, on application by the prosecutor—
a
issue a summons requiring the person to appear before the Court of Appeal at the hearing of the application, or
b
issue a warrant for the person’s arrest,
and a warrant under paragraph (b) may be issued at any time even though a summons has previously been issued.
4
Where a summons is issued under subsection (3)(a), the time and place at which the person must appear may be specified either—
a
in the summons, or
b
in a subsequent direction of the Crown Court.
5
The time or place specified may be varied from time to time by a direction of the Crown Court.
6
A person arrested under a warrant under subsection (3)(b) must be brought before the Crown Court as soon as practicable and in any event within 48 hours after his arrest, and section 81(5) of the Supreme Court Act 1981 (c. 54) does not apply.
7
If a person is brought before the Crown Court under subsection (2) or (6) the court must either—
a
remand him in custody to be brought before the Court of Appeal at the hearing of the application, or
b
grant bail for him to appear before the Court of Appeal at the hearing.
8
If bail is granted under subsection (7)(b), the Crown Court may revoke the bail and remand the person in custody as referred to in subsection (7)(a).
9
For the purpose of calculating the period referred to in subsection (2) or (6), the following are to be disregarded—
za
Saturday,
a
Sunday,
b
Christmas Day,
c
Good Friday, and
d
any day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom where the person is for the time being detained.
S. 89 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2)
S. 89(9)(za) inserted (15.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153(7), Sch. 26 para. 63; S.I. 2008/1586, art. 2(2)