Bail (Amendment) Act 1993

Bail (Amendment) Act 1993

1993 CHAPTER 26

An Act to confer upon the prosecution a right of appeal against decisions to grant bail.

[20th July 1993]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Prosecution right of appeal.

1 Prosecution right of appeal.

(1) Where a magistrates' court grants bail to a person who is charged with or convicted of—

(a) an offence punishable by a term of imprisonment of 5 years or more, or

(b) an offence under section 12 (taking a conveyance without authority) or 12A (aggravated vehicle taking) of the Theft Act 1968,

the prosecution may appeal to a judge of the Crown Court against the granting of bail.

(2) Subsection (1) above applies only where the prosecution is conducted—

(a) by or on behalf of the Director of Public Prosecutions; or

(b) by a person who falls within such class or description of person as may be prescribed for the purposes of this section by order made by the Secretary of State.

(3) Such an appeal may be made only if—

(a) the prosecution made representations that bail should not be granted; and

(b) the representations were made before it was granted.

(4) In the event of the prosecution wishing to exercise the right of appeal set out in subsection (1) above, oral notice of appeal shall be given to the magistrates' court at the conclusion of the proceedings in which such bail has been granted and before the release from custody of the person concerned.

(5) Written notice of appeal shall thereafter be served on the magistrates' court and the person concerned within two hours of the conclusion of such proceedings.

(6) Upon receipt from the prosecution of oral notice of appeal from its decision to grant bail the magistrates' court shall remand in custody the person concerned, until the appeal is determined or otherwise disposed of.

(7) Where the prosecution fails, within the period of two hours mentioned in subsection (5) above, to serve one or both of the notices required by that subsection, the appeal shall be deemed to have been disposed of.

(8) The hearing of an appeal under subsection (1) above against a decision of the magistrates' court to grant bail shall be commenced within forty-eight hours, excluding weekends and any public holiday (that is to say, Christmas Day, Good...

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