Rules of the Supreme Court (Criminal Proceedings), 1949
| Jurisdiction | UK Non-devolved |
| Citation | SI 1949/721 |
1949 No. 721 (L. 6)
The Rules of the Supreme Court (Criminal Proceedings), 194911thApril 1949
12thApril 1949
18thApril 1949
We, the Rule Committee of the Supreme Court, hereby make the following Rules:—
1. For Rules 13 and 13A of the Rules of the Supreme Court (Criminal Proceedings), 1938(a), there shall be substituted the following Rule:—
Application for bail, admission to bail, and recommittal.
"13.—(1) Subject to the provisions of this Rule, every application to the High Court for bail in any criminal proceeding where the defendant is in custody shall be made by summons before a judge in chambers to show cause why the defendant should not be admitted to bail.
(2) The summons shall, at least twenty-four hours before the day named therein for the hearing of the application, be served on the prosecutor and on the Director of Public Prosecutions, if the prosecution is being carried on by him.
(3) Subject to the provisions of paragraph (5) of this Rule, every application shall be supported by affidavit and shall be accompanied by an affidavit of the service of the summons, a certified copy of the commitment and, in the case of a person committed for trial, a copy verified by affidavit of any depositions taken in the proceedings:
Provided that the judge may, if he thinks fit, dispense with the requirement to furnish a copy of the commitment and depositions.
(4) Where a defendant in custody who desires to apply for bail is unable through lack of means to instruct a solicitor, he may give notice in writing to the judge in chambers stating his desire to apply for bail and requesting that the Official Solicitor shall act for him in the application, and the judge may, if he thinks fit, assign the Official Solicitor to act for the applicant accordingly.
(a) S.R. & O. 1938 (No. 1576) II, p. 3154; and see S.R. & O. 1940 (No. 924) I, p. 990 and S.I. 1948 (No. 2781) I, p. 4032.
(5) Where the Official Solicitor has been so assigned the judge may, if he thinks fit, dispense with the requirements of paragraphs (1) to (3) of this Rule and deal with the application in a summary manner.
(6) Where in any criminal proceeding a judge in chambers orders that a person shall be released from custody on entering into a recognizance, with or without sureties, or giving other security before a justice of the peace, the recognizance of the defendant and any surety shall be entered into, or the other security given, before such justice in the same manner as if it were entered into or given under the Summary Jurisdiction Acts.
(7) Where in pursuance of an order of a judge in chambers a recognizance is entered into or other security given before a justice of the peace, it shall be the duty of the justice to cause the...
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