PRACTICE DIRECTION RSC ORDER 79 - Criminal proceedings – prosecutor’s appeal to the High Court against the grant of bail under section 1(1A) and (1B) of the Bail (Amendment) Act 1993 (rule 9(15))

Appeals under section 1(1A) of the Bail (Amendment) Act 1993

1. Paragraphs 2 to 6 apply in the case of an appeal under section 1(1A) of the Bail (Amendment) Act 1993 (“the 1993 Act”).

2. The prosecutor should file the copy of the notice of appeal at the Administrative Court Office in London.

3. The Prosecutor should also file the following documents with that court, as appropriate—

(a) a copy of the notice of the decision about bail, served on the prosecutor under rule 19.4(2) of the Criminal Procedure Rules 2012; and

(b) in cases under Part 1 of the Extradition Act 2003 (“2003 Act”), a copy of the European Arrest Warrant; or 

(c) in cases under Part 2 of the 2003 Act, a copy of the certificate issued by the Secretary of State under section 70 of that Act.

4. The hearing of the appeal will be listed to commence within 48 hours, excluding weekends and any public holiday (that is to say, Christmas Day, Good Friday or a bank holiday), from the date on which oral notice of appeal was given under section 1(4) of the 1993 Act. (Section 1(8) of the 1993 Act requires that the hearing of an appeal under section 1(1A) of the 1993 Act shall commence within that time period.)

5. Section 1(9) of the 1993 Act provides that the hearing of the appeal shall be by way of re-hearing, and the judge hearing any such appeal may remand the person concerned in custody or may grant bail subject to such conditions (if any) as the judge thinks fit.

6. The High Court will provide to the Magistrates’ Court and the prison in which the respondent is held on remand a record of the decision on the appeal.

Appeals under section 1(1B) of the Bail (Amendment) Act 1993

7. Paragraphs 8 to 13 apply in the case of an appeal under section 1(1B) of the 1993 Act.

8. The prosecutor should file the copy of the notice of appeal at the Queen’s Bench Listing Office in London.

9. The following documents should also be filed with the court, as appropriate—

(a) a copy of the notice of the decision about bail, served on the prosecutor under rule 19.4(2) of the Criminal Procedure Rules 2012;

(b) form of notice of application relating to bail lodged by the respondent in the Crown Court under rule 19.7 of the Criminal Procedure Rules 2012;

(c) form MG4 in relation to the charges against the respondent;

(d) a case summary in relation to the charges against the respondent;

(e) a copy of any other relevant material which was provided to the Crown Court in relation to the application for bail;

(f) notice of the date of the next hearing in the court which has granted bail.

10. The Queen’s Bench Listing Office may make arrangements for the appeal to be heard by a High Court Judge sitting at a District Registry of the High Court on the same circuit.

11. The hearing of the appeal will be listed to commence within 48 hours, excluding weekends and any public holiday (that is to say, Christmas Day, Good Friday or a bank holiday), from the date on which oral notice of appeal was given under section 1(4) of the 1993 Act. (Section 1(8) of the 1993 Act requires that the hearing of an appeal under section 1(1B) of the 1993 Act shall commence within that time period.)

12. Section 1(9) of the 1993 Act provides that the hearing of the appeal shall be by way of re-hearing, and the judge hearing any such appeal may remand the person concerned in custody or may grant bail subject to such conditions (if any) as the judge thinks fit.

13. The High Court will provide to the Crown Court and the prison in which the respondent is held on remand a record of the decision on the appeal.

 

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