Rule 8
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(1)
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No recognizance acknowledged in or removed into the
Queens Bench Division shall be estreated without the order of a
judge.
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(2)
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Every application to estreat a recognizance in the
Queens Bench Division must be made by claim form and will be heard by a
judge and must be supported by a witness statement or affidavit showing in what
manner the breach has been committed and proving that the claim form was duly
served.
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(2A)
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When it issues the claim form the court will fix a
date for the hearing of the application.
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(3)
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A claim form under this rule must be served at
least 2 clear days before the day named therein for the hearing.
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(4)
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On the hearing of the application the judge may,
and if requested by any party shall, direct any issue of fact in dispute to be
tried by a jury.
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(5)
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If it appears to the judge that a default has been
made in performing the conditions of the recognizance, the judge may order the
recognizance to be estreated.
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Rule 9
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(1)
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Subject to the provisions of this rule, every
application to the High Court in respect of bail in any criminal proceeding
-- where the defendant is in custody, must be
made by claim form to a judge to show cause why the defendant should not be
granted bail;
- where the defendant has been admitted to
bail, must be made by claim form to a judge to show cause why the variation in
the arrangements for bail proposed by the applicant should not be made.
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(2)
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Subject to paragraph (5), the claim form (in Form
No. 97 or 97A in the relevant practice direction) must, at least 24 hours
before the day named therein for the hearing, be served -- where the application was made by the
defendant, on the prosecutor and on the Director of Public Prosecutions, if the
prosecution is being carried on by him;
- where the application was made by the
prosecutor or a constable under section 3(8) of the Bail Act 1976
(31)
, on the defendant.
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(3)
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Subject to paragraph (5), every application must be
supported by witness statement or affidavit.
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(4)
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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 court stating his desire to apply for bail and
requesting that the Official Solicitor shall act for him in the application,
and the court may assign the Official Solicitor to act for the applicant
accordingly.
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(5)
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Where the Official Solicitor has been so assigned
the court may dispense with the requirements of paragraphs (1) to (3) and deal
with the application in a summary manner.
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(6)
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Where the court grants the defendant bail, the
order must be in Form No. 98 in the relevant practice direction and a copy of
the order shall be transmitted forthwith -- where the proceedings in respect of the
defendant have been transferred to the Crown Court for trial or where the
defendant has been committed to the Crown Court to be sentenced or otherwise
dealt with, to the appropriate officer of the Crown Court;
- in any other case, to the justices' chief
executive for the court which committed the defendant.
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(6A)
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The recognizance of any surety required as a
condition of bail granted as aforesaid may, where the defendant is in a prison
or other place of detention, be entered into before the governor or keeper of
the prison or place as well as before the persons specified in section 8(4) of
the Bail Act 1976.
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(6B)
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Where under section 3(5) or (6) of the Bail Act
1976
(32)
the court imposes a requirement
to be complied with before a persons release on bail, it may give
directions as to the manner in which and the person or persons before whom the
requirement may be complied with.
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(7)
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A person who in pursuance of an order for the grant
of bail made by the court under this rule proposes to enter into a recognizance
or give security must, unless the court otherwise directs, give notice (in Form
No. 100 in the relevant practice direction) to the prosecutor at least 24 hours
before he enters into the recognizance or complies with the requirements as
aforesaid.
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(8)
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Where in pursuance of such an order as aforesaid a
recognizance is entered into or requirement complied with before any person, it
shall be the duty of that person to cause the recognizance or, as the case may
be, a statement of the requirement complied with to be transmitted forthwith
-- where the proceedings in respect of the
defendant have been transferred to the Crown Court for trial or where the
defendant has been committed to the Crown Court to be sentenced or otherwise
dealt with, to the appropriate officer of the Crown Court;
- in any other case, to the justices' chief
executive for the court which committed the defendant,
and a copy of such recognizance or statement shall
at the same time be sent to the governor or keeper of the prison or other place
of detention in which the defendant is detained, unless the recognizance was
entered into or the requirement complied with before such governor or
keeper.
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(10)
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An order varying the arrangements under which the
defendant has been granted bail shall be in Form 98A in the relevant practice
direction and a copy of the order shall be transmitted forthwith -- where the proceedings in respect of the
defendant have been transferred to the Crown Court for trial or where the
defendant has been committed to the Crown Court to be sentenced or otherwise
dealt with, to the appropriate officer of the Crown Court;
- in any other case, to the justices' chief
executive for the court which committed the defendant.
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(11)
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Where in pursuance of an order of the High Court or
the Crown Court a person is released on bail in any criminal proceeding pending
the determination of an appeal to the High Court or House of Lords or an
application for an order of certiorari, then, upon the abandonment of the
appeal or application, or upon the decision of the High Court or House of Lords
being given, any justice (being a justice acting for the same petty sessions
area as the magistrates court by which that person was convicted or
sentenced) may issue process for enforcing the decision in respect of which
such appeal or application was brought or, as the case may be, the decision of
the High Court or House of Lords.
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(12)
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If an applicant to the High Court in any criminal
proceedings is refused bail, the applicant shall not be entitled to make a
fresh application for bail to any other judge or to a Divisional Court.
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(13)
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The record required by section 5 of the Bail Act
1976
(33)
to be made by the High Court
shall be made by including in the file relating to the case in question a copy
of the relevant order of the Court and shall contain the particulars set out in
Form No. 98 or 98A in the relevant practice direction, whichever is
appropriate, except that in the case of a decision to withhold bail the record
shall be made by inserting a statement of the decision on the courts
copy of the relevant claim form and including it in the file relating to the
case in question.
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(14)
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In the case of a person whose return or surrender
is sought under the Extradition Act 1989
(34)
, this rule shall apply as if references to the
defendant were references to that person and references to the prosecutor were
references to the state seeking the return or surrender of that person.
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(31)
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1976 c.63; section 3(8) was amended by the Criminal Law Act 1977
(c.45), section 65(4), Schedule 12.
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(32)
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1976 c.63; section 3(6) was amended by the Criminal Justice and
Public Order Act 1994 (c.33), sections 27(2), 168(3), Schedule 11.
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(33)
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1976 c.63; section 5 was amended by the Criminal Justice Act 1982
(c.48), section 60; and by the Criminal Law Act 1977 (c.45), section 65(4),
Schedule 12; and by the Criminal Justice and Public Order Act 1994 (c.33),
section 27(4), Schedule 3, paragraph 1.
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(34)
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1989 c.33.
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