10.5 Draft indictment served by the prosecutor with a High Court judge’s permission
(1) This rule applies where—
(a) the prosecutor applies to a High Court judge under rule 10.9 (Application to a High Court judge for permission to serve a draft indictment); and
(b) the judge gives permission to serve a proposed indictment.
(2) Where this rule applies—
(a) that proposed indictment constitutes the draft indictment; and
(b) the prosecutor must serve the draft indictment on the Crown Court officer not more than 20 business days after the High Court judge’s decision.
10.6 Draft indictment approved with deferred prosecution agreement
(1) This rule applies where—
(a) the prosecutor applies to the Crown Court under rule 11.4 (Deferred prosecution agreements: Application to approve the terms of an agreement); and
(b) the Crown Court approves the proposed indictment served with that application.
(2) Where this rule applies, that proposed indictment constitutes the draft indictment.
10.7 Draft indictment served by the prosecutor on re-instituting proceedings
(1) This rule applies where the prosecutor wants to re-institute proceedings in the Crown Court under section 22B of the Prosecution of Offences Act 1985.
(2) The prosecutor must serve a draft indictment on the Crown Court officer not more than 3months after the proceedings were stayed under section 22(4) of that Act.
10.8 Draft indictment served by the prosecutor at the direction of the Court of Appeal
(1) This rule applies where the Court of Appeal orders a retrial.
(2) The prosecutor must serve a draft indictment on the Crown Court officer not more than 20 business days after that order.
10.9 Application to a High Court judge for permission to serve a draft indictment
(1) This rule applies where a prosecutor wants a High Court judge’s permission to serve a draft indictment.
(2) Such a prosecutor must—
(a) apply in writing;
(b) serve the application on—
(i) the court officer, and
(ii) the proposed defendant, unless the judge otherwise directs; and
(c) ask for a hearing, if the prosecutor wants one, and explain why it is needed.
(3) The application must—
(a) attach—
(i) the proposed indictment,
(ii) copies of the documents containing the evidence on which the prosecutor relies, including any written witness statement or statements complying with rule 16.2 (Content of written witness statement) and any documentary exhibit to any such statement,
(iii) a copy of any indictment on which the defendant already has been arraigned, and
(iv) if not contained in such an indictment, a list of any offence or offences for which the defendant already has been sent for trial;
(b) include—
(i) a concise statement of the circumstances in which, and the reasons why, the application is made, and
(ii) a concise summary of the evidence contained in the documents accompanying the application, identifying each passage in those documents said to evidence each offence alleged by the prosecutor and relating that evidence to each count in the proposed indictment; and
(c) contain a statement that, to the best of the prosecutor’s knowledge, information and belief—
(i) the evidence on which the prosecutor relies will be available at the trial, and
(ii) the allegations contained in the application are substantially true
unless the application is made by or on behalf of the Director of Public Prosecutions or the Director of the Serious Fraud Office.
(4) A proposed defendant served with an application who wants to make representations to the judge must—
(a) serve the representations on the court officer and on the prosecutor;
(b) do so as soon as practicable, and in any event within such period as the judge directs; and
(c) ask for a hearing, if the proposed defendant wants one, and explain why it is needed.
(5) The judge may determine the application—
(a) without a hearing, or at a hearing in public or in private; and
(b) with or without receiving the oral evidence of any proposed witness.
(6) At any hearing, if the judge so directs a statement required by paragraph (3)(c) must be repeated on oath or affirmation.
(7) If the judge gives permission to serve a draft indictment, the decision must be recorded in writing and endorsed on, or annexed to, the proposed indictment.
[Note. See section 2(6) of the Administration of Justice (Miscellaneous Provisions) Act 1933.]
(1) This Part applies to proceedings in the Crown Court under Schedule 17 to the Crime and Courts Act 2013.
(2) In this Part—
(a) ‘agreement’ means a deferred prosecution agreement under paragraph 1 of that Schedule;
(b) ‘prosecutor’ means a prosecutor designated by or under paragraph 3 of that Schedule; and
(c) ‘defendant’ means the corporation, partnership or association with whom the prosecutor proposes to enter, or enters, an agreement.
[Note. Under Schedule 17 to the Crime and Courts Act 2013, a designated prosecutor may make a deferred prosecution agreement with a defendant, other than an individual, whom the prosecutor is considering prosecuting for an offences or offences listed in that Schedule. Under such an agreement, the defendant agrees to comply with its terms and the prosecutor agrees that, if the Crown Court approves those terms, then paragraph 2 of the Schedule will apply and—
(a) the prosecutor will serve a draft indictment charging the defendant with the offence or offences the subject of the agreement;
(b) the prosecution will be suspended under that paragraph, and the suspension may not be lifted while the agreement is in force; and
(c) no-one may prosecute the defendant for the offence or offences charged while the agreement is in force, or after it expires if the defendant complies with it.
The Code for prosecutors issued under paragraph 6 of that Schedule contains guidance on the exercise of prosecution functions in relation to a deferred prosecution agreement.]
(1) The court must determine an application to which this Part applies at a hearing, which—
(a) must be in private, under rule 11.3 (Application to approve a proposal to enter an agreement);
(b) may be in public or private, under rule 11.4 (Application to approve the terms of an agreement), rule 11.6 (Application to approve a variation of the terms of an agreement) or rule 11.9 (Application to postpone the publication of information by the prosecutor); and
(c) must be in public, under rule 11.5 (Application on breach of agreement) or rule 11.7 (Application to lift suspension of prosecution), unless the court otherwise directs.
(2) If at a hearing in private to which rule 11.4 or rule 11.6 applies the court approves the agreement or the variation proposed, the court must announce its decision and reasons at a hearing in public.
(3) The court must not determine an application under rule 11.3, rule 11.4 or rule 11.6 unless—
(a) both parties are present;
(b) the prosecutor provides the court with a written declaration that, for the purposes of the application—
(i) the investigator enquiring into the alleged offence or offences has certified that no information has been supplied which the investigator knows to be inaccurate, misleading or incomplete, and
(ii) the prosecutor has complied with the prosecution obligation to disclose material to the defendant; and
(c) the defendant provides the court with a written declaration that, for the purposes of the application—
(i) the defendant has not supplied any information which the defendant knows to be inaccurate, misleading or incomplete, and
(ii) the individual through whom the defendant makes the declaration has made reasonable enquiries and believes the defendant’s declaration to be true.
(4) The court must not determine an application under rule 11.5 or rule 11.7—
(a) in the prosecutor’s absence; or
(b) in the absence of the defendant, unless the defendant has had at least 20 business days in which to make representations.
(5) If the court approves a proposal to enter an agreement—
(a) the general rule is that any further application to which this Part applies must be made to the same judge; but
(b) the court may direct other arrangements.
(6) The court may adjourn a hearing—
(a) if either party asks, or on its own initiative; and
(b) in particular, if the court requires more information about—
(i) the facts of an alleged offence,
(ii) the terms of a proposal to enter an agreement, or of a proposed agreement or variation of an agreement, or
(iii) the circumstances in which the prosecutor wants the court to decide whether the defendant has failed to comply with the terms of an agreement.
(7) The court may—
(a) hear an application under rule 11.4 immediately after an application under rule 11.3, if the court approves a proposal to enter an agreement; and
(b) hear an application under rule 11.7 immediately after an application under rule 11.5, if the court terminates an agreement.
[Note. See paragraphs 7(4), 8(5), (6) and 10(5), (6) of Schedule 17 to the Crime and Courts Act 2013.
The Code for prosecutors issued under paragraph 6 of that Schedule contains guidance on fulfilling the prosecution duty of disclosure.]
11.3 Application to approve a proposal to enter an agreement
(1) This rule applies where a prosecutor wants the court to approve a proposal to enter an agreement.
(2) The prosecutor must—
(a) apply in writing after the commencement of negotiations between the parties but before the terms of agreement have been settled; and
(b) serve the application on—
(i) the court officer, and
(ii) the defendant.
(3) The application must—
(a) identify the parties to the proposed agreement;
(b) attach a proposed indictment setting out such of the offences listed in Part 2 of Schedule 17 to the Crime and Courts Act 2013 as the prosecutor is considering;
(c) include or attach a statement of facts proposed for inclusion in the agreement, which must give full particulars of each alleged offence, including details of any alleged financial gain or loss;
(d) include any information about the defendant that would be relevant to sentence in the event of conviction for the offence or offences;
(e) specify the proposed expiry date of the agreement;
(f) describe the proposed terms of the agreement, including details of any—
(i) monetary penalty to be paid by the defendant, and the time within which any such penalty is to be paid,
(ii) compensation, reparation or donation to be made by the defendant, the identity of the recipient of any such payment and the time within which any such payment is to be made,
(iii) surrender of profits or other financial benefit by the defendant, and the time within which any such sum is to be surrendered,
(iv) arrangement to be made in relation to the management or conduct of the defendant’s business,
(v) co-operation required of the defendant in any investigation related to the offence or offences,
(vi) other action required of the defendant,
(vii) arrangement to monitor the defendant’s compliance with a term,
(viii) consequence of the defendant’s failure to comply with a term, and
(ix) prosecution costs to be paid by the defendant, and the time within which any such costs are to be paid;
(g) in relation to those terms, explain how they comply with—
(i) the requirements of the code issued under paragraph 6 of Schedule 17 to the Crime and Courts Act 2013, and
(ii) any sentencing guidelines or guideline cases which apply;
(h) contain or attach the defendant’s written consent to the proposal; and
(i) explain why—
(i) entering into an agreement is likely to be in the interests of justice, and
(ii) the proposed terms of the agreement are fair, reasonable and proportionate.
(4) If the proposed statement of facts includes assertions that the defendant does not admit, the application must—
(a) specify the facts that are not admitted; and
(b) explain why that is immaterial for the purposes of the proposal to enter an agreement.
[Note. See paragraphs 5 and 7 of Schedule 17 to the Crime and Courts Act 2013.]
11.4 Application to approve the terms of an agreement
(1) This rule applies where—
(a) the court has approved a proposal to enter an agreement on an application under rule 11.3; and
(b) the prosecutor wants the court to approve the terms of the agreement.
(2) The prosecutor must—
(a) apply in writing as soon as practicable after the parties have settled the terms; and
(b) serve the application on—
(i) the court officer, and
(ii) the defendant.
(3) The application must—
(a) attach the agreement;
(b) indicate in what respect, if any, the terms of the agreement differ from those proposed in the application under rule 11.3;
(c) contain or attach the defendant’s written consent to the agreement;
(d) explain why—
(i) the agreement is in the interests of justice, and
(ii) the terms of the agreement are fair, reasonable and proportionate;
(e) attach a draft indictment, charging the defendant with the offence or offences the subject of the agreement; and
(f) include any application for the hearing to be in private.
(4) If the court approves the agreement and the draft indictment, the court officer must—
(a) endorse any paper copy of the indictment made for the court with—
(i) a note to identify it as the indictment approved by the court, and
(ii) the date of the court’s approval; and
(b) treat the case as if it had been suspended by order of the court.
[Note. See paragraph 8 of Schedule 17 to the Crime and Courts Act 2013. See also rule 11.9 (Application to postpone the publication of information by the prosecutor).
Under paragraph 2(1) of Schedule 17 to the 2013 Act and section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933,the draft indictment to which this rule applies becomes an indictment when the court approves the agreement and consents to the service of that draft. Part 10 contains rules about indictments.
Under paragraph 2(2) of Schedule 17 to the 2013 Act, on approval of the draft indictment the proceedings are automatically suspended.
Under paragraph 13(2) of Schedule 17 to the 2013 Act, where the court approves an agreement the statement of facts contained in that agreement is to be treated as an admission by the defendant under section 10 of the Criminal Justice Act 1967 (proof by formal admission) in any criminal proceedings against the defendant for the alleged offence.]
(1) This rule applies where—
(a) the prosecutor believes that the defendant has failed to comply with the terms of an agreement; and
(b) the prosecutor wants the court to decide—
(i) whether the defendant has failed to comply, and
(ii) if so, whether to terminate the agreement, or to invite the parties to agree proposals to remedy that failure.
(2) The prosecutor must—
(a) apply in writing, as soon as practicable after becoming aware of the grounds for doing so; and
(b) serve the application on—
(i) the court officer, and
(ii) the defendant.
(3) The application must—
(a) specify each respect in which the prosecutor believes the defendant has failed to comply with the terms of the agreement, and explain the reasons for the prosecutor’s belief; and
(b) attach a copy of any document containing evidence on which the prosecutor relies.
(4) A defendant who wants to make representations in response to the application must serve the representations on—
(a) the court officer; and
(b) the prosecutor,
not more than 20 business days after service of the application.
[Note. See paragraph 9 of Schedule 17 to the Crime and Courts Act 2013. See also rule 11.9 (Application to postpone the publication of information by the prosecutor).]
11.6 Application to approve a variation of the terms of an agreement
(1) This rule applies where the parties have agreed to vary the terms of an agreement because—
(a) on an application under rule 11.5 (Application on breach of agreement), the court has invited them to do so; or
(b) variation of the agreement is necessary to avoid a failure by the defendant to comply with its terms in circumstances that were not, and could not have been, foreseen by either party at the time the agreement was made.
(2) The prosecutor must—
(a) apply in writing, as soon as practicable after the parties have settled the terms of the variation; and
(b) serve the application on—
(i) the court officer, and
(ii) the defendant.
(3) The application must—
(a) specify each variation proposed;
(b) contain or attach the defendant’s written consent to the variation;
(c) explain why—
(i) the variation is in the interests of justice, and
(ii) the terms of the agreement as varied are fair, reasonable and proportionate; and
(d) include any application for the hearing to be in private.
[Note. See paragraph 10 of Schedule 17 to the Crime and Courts Act 2013. See also rule 11.9 (Application to postpone the publication of information by the prosecutor).]
11.7 Application to lift suspension of prosecution
(1) This rule applies where—
(a) the court terminates an agreement before its expiry date; and
(b) the prosecutor wants the court to lift the suspension of the prosecution that applied when the court approved the terms of the agreement.
(2) The prosecutor must—
(a) apply in writing, as soon as practicable after the termination of the agreement; and
(b) serve the application on—
(i) the court officer, and
(ii) the defendant.
(3) A defendant who wants to make representations in response to the application must serve the representations on—
(a) the court officer; and
(b) the prosecutor,
not more than 20 business days after service of the application.
[Note. See paragraphs 2(3) and 9 of Schedule 17 to the Crime and Courts Act 2013.]
(1) This rule applies where an agreement expires—
(a) on its expiry date, or on a date treated as its expiry date; and
(b) without having been terminated by the court.
(2) The prosecutor must—
(a) as soon as practicable give notice in writing discontinuing the prosecution on the indictment approved by the court under rule 11.4 (Application to approve the terms of an agreement); and
(b) serve the notice on—
(i) the court officer, and
(ii) the defendant.
[Note. See paragraph 11 of Schedule 17 to the Crime and Courts Act 2013.]
11.9 Application to postpone the publication of information by the prosecutor
(1) This rule applies where the prosecutor—
(a) makes an application under rule 11.4 (Application to approve the terms of an agreement), rule 11.5 (Application on breach of agreement) or rule 11.6 (Application to approve a variation of the terms of an agreement);
(b) decides not to make an application under rule 11.5, despite believing that the defendant has failed to comply with the terms of the agreement; or
(c) gives a notice under rule 11.8 (Notice to discontinue prosecution).
(2) A party who wants the court to order that the publication of information by the prosecutor about the court’s or the prosecutor’s decision should be postponed must—
(a) apply in writing, as soon as practicable and in any event before such publication occurs;
(b) serve the application on—
(i) the court officer, and
(ii) the other party; and
(c) in the application—
(i) specify the proposed terms of the order, and for how long it should last, and
(ii) explain why an order in the terms proposed is necessary.
[Note. See paragraph 12 of Schedule 17 to the Crime and Courts Act 2013.
Part 6 of these Rules contains rules about applications for a restriction on reporting what takes place at a public hearing, or public access to what otherwise would be a public hearing.]
(1) Unless the court otherwise directs, the court officer must—
(a) arrange for the recording of proceedings on an application to which this Part applies; and
(b) arrange for the transcription of such a recording if—
(i) a party wants such a transcript, or
(ii) anyone else wants such a transcript (but that is subject to the restrictions in paragraph (2)).
(2) Unless the court otherwise directs, a person who transcribes a recording of proceedings under such arrangements—
(a) must not supply anyone other than a party with a transcript of a recording of—
(i) a hearing in private, or
(ii) a hearing in public to which reporting restrictions apply; but
(b) subject to that, must supply any person with any transcript for which that person asks—
(i) in accordance with the transcription arrangements made by the court officer, and
(ii) on payment by that person of any fee prescribed.
(3) The court officer must not identify either party to a hearing in private under rule 11.3 (Application to approve a proposal to enter an agreement) or rule 11.4 (Application to approve the terms of an agreement)—
(a) in any notice displayed in the vicinity of the courtroom; or
(b) in any other information published by the court officer.
11.11 Court’s power to vary requirements under this Part
(1) The court may—
(a) shorten or extend (even after it has expired) a time limit under this Part; and
(b) allow there to be made orally—
(i) an application under rule 11.4 (Application to approve the terms of an agreement), or
(ii) an application under rule 11.7 (Application to lift suspension of prosecution)
where the court exercises its power under rule 11.2(7) to hear one application immediately after another.
(2) A party who wants an extension of time must—
(a) apply when serving the application or notice for which it is needed; and
(b) explain the delay.
(1) This Part applies where—
(a) the Director of Public Prosecutions can discontinue a case in a magistrates’ court, under section 23 of the Prosecution of Offences Act 1985; or
(b) the Director of Public Prosecutions, or another public prosecutor, can discontinue a case sent for trial in the Crown Court, under section 23A of the Prosecution of Offences Act 1985.
(2) In this Part, ‘prosecutor’ means one of those authorities.
[Note. Under section 23 of the Prosecution of Offences Act 1985, the Director of Public Prosecutions may discontinue proceedings in a magistrates’ court, before the court—
(a) sends the defendant for trial in the Crown Court; or
(b) begins to hear the prosecution evidence, at a trial in the magistrates’ court.
Under section 23(4) of the 1985 Act, the Director may discontinue proceedings where a person charged is in custody but has not yet been brought to court.
Under section 23 of the 1985 Act, the defendant has a right to require the proceedings to continue. See rule 12.3.
Under section 23A of the 1985 Act, the Director of Public Prosecutions, or a public authority within the meaning of section 17 of that Act, may discontinue proceedings where the defendant was sent for trial in the Crown Court under section 51 of the Crime and Disorder Act 1998. In such a case—
(a) the prosecutor must discontinue before a draft indictment becomes an indictment under rule 10.2(5); and
(b) the defendant has no right to require the proceedings to continue.
Where a prosecution does not proceed, the court has power to order the payment of the defendant’s costs out of central funds. See rule 45.4.]
(1) A prosecutor exercising a power to which this Part applies must serve notice on—
(a) the court officer;
(b) the defendant; and
(c) any custodian of the defendant.
(2) Such a notice must—
(a) identify—
(i) the defendant and each offence to which the notice relates,
(ii) the person serving the notice, and
(iii) the power that that person is exercising; and
(b) explain—
(i) in the copy of the notice served on the court officer, the reasons for discontinuing the case,
(ii) that the notice brings the case to an end,
(iii) if the defendant is in custody for any offence to which the notice relates, that the defendant must be released from that custody, and
(iv) if the notice is under section 23 of the 1985 Act, that the defendant has a right to require the case to continue.
(3) Where the defendant is on bail, the court officer must notify—
(a) any surety; and
(b) any person responsible for monitoring or securing the defendant’s compliance with a condition of bail.
(1) This rule applies where a prosecutor serves a notice to discontinue under section 23 of the 1985 Act.
(2) A defendant who wants the case to continue must serve notice—
(a) on the court officer; and
(b) not more than 25 business days after service of the notice to discontinue.
(3) If the defendant serves such a notice, the court officer must—
(a) notify the prosecutor; and
(b) refer the case to the court.
(1) This Part applies where the court can issue a warrant for arrest, detention or imprisonment.
(2) In this Part, ‘defendant’ means anyone against whom such a warrant is issued.
A warrant for arrest must require each person to whom it is directed to arrest the defendant and—
(a) bring the defendant to a court—
(i) specified in the warrant, or
(ii) required or allowed by law; or
(b) release the defendant on bail (with conditions or without) to attend court at a date, time and place—
(i) specified in the warrant, or
(ii) to be notified by the court.
[Note. The principal provisions under which the court can issue a warrant for arrest are—
(a) section 4 of the Criminal Procedure (Attendance of Witnesses) Act 1965;
(b) section 7 of the Bail Act 1976;
(c) sections 1 and 97 of the Magistrates’ Courts Act 1980; and
(d) sections 79, 80 and 81(4), (5) of the Senior Courts Act 1981.
See also section 27A of the Magistrates’ Courts Act 1980 (power to transfer criminal proceedings) and section 78(2) of the Senior Courts Act 1981 (adjournment of Crown Court case to another place).]
13.3 Terms of a warrant for detention or imprisonment
(1) A warrant for detention or imprisonment must—
(a) require each person to whom it is directed to detain the defendant and—
(i) take the defendant to any place specified in the warrant or required or allowed by law, and
(ii) deliver the defendant to the custodian of that place; and
(b) require that custodian to detain the defendant, as ordered by the court, until in accordance with the law—
(i) the defendant is delivered to the appropriate court or place, or
(ii) the defendant is released.
(2) Where a magistrates’ court remands a defendant to police detention under section 128(7) or section 136 of the Magistrates’ Courts Act 1980, or to customs detention under section 152 of the Criminal Justice Act 1988, the warrant it issues must—
(a) be directed, as appropriate, to—
(i) a constable, or
(ii) an officer of Her Majesty’s Revenue and Customs; and
(b) require that constable or officer to detain the defendant—
(i) for a period (not exceeding the maximum permissible) specified in the warrant, or
(ii) until in accordance with the law the defendant is delivered to the appropriate court or place.
(3) Where a magistrates’ court sentences a defendant to imprisonment or detention and section 11(3) of the Magistrates’ Courts Act 1980 applies (custodial sentence imposed in the defendant’s absence), the warrant it issues must—
(a) require each person to whom the warrant is directed—
(i) to arrest the defendant and bring him or her to a court specified in the warrant, and
(ii) unless the court then otherwise directs, after that to act as required by paragraph (1)(a) of this rule; and
(b) require the custodian to whom the defendant is delivered in accordance with that paragraph to act as required by paragraph (1)(b) of this rule.
[Note. Under section 128(7) of the Magistrates’ Courts Act 1980, a magistrates’ court can remand a defendant to police detention for not more than 3 clear days, if the defendant is an adult, or for not more than 24 hours if the defendant is under 18.
Under section 136 of the 1980 Act, a magistrates’ court can order a defendant’s detention in police custody until the following 8am for non-payment of a fine, etc.
Under section 152 of the Criminal Justice Act 1988, a magistrates’ court can remand a defendant to customs detention for not more than 192 hours if the defendant is charged with a drug trafficking offence.]
(1) A warrant must identify—
(a) each person to whom it is directed;
(b) the defendant against whom it was issued;
(c) the reason for its issue;
(d) the court that issued it, unless that is otherwise recorded by the court officer; and
(e) the court office for the court that issued it.
(2) A warrant for detention or imprisonment must contain a record of any decision by the court under—
(a) section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail), including in particular—
(i) whether the defendant must be detained in local authority accommodation or youth detention accommodation,
(ii) the local authority designated by the court,
(iii) any requirement imposed by the court on that authority,
(iv) any condition imposed by the court on the defendant, and
(v) the reason for any such requirement or condition;
(b) section 80 of the Magistrates’ Courts Act 1980 (application of money found on defaulter to satisfy sum adjudged); or
(c) section 82(1) or (4) of the 1980 Act (conditions for issue of a warrant).
(3) A warrant for detention or imprisonment must include such an indication of the defendant’s physical and mental health as may be needed to alert those to whom the warrant is directed—
(a) to any vulnerability of the defendant; and
(b) to any risk to others that may be posed by the defendant.
(4) The indication required by paragraph (3) may be given by reference to an accompanying document.
(5) A warrant that contains an error is not invalid, as long as—
(a) it was issued in respect of a lawful decision by the court; and
(b) it contains enough information to identify that decision.
[Note. See sections 93(7) and 102(5) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Under section 91 of the Act, instead of granting bail to a defendant under 18 the court may—
(a) remand him or her to local authority accommodation and, after consulting with that authority, impose on the defendant a condition that the court could impose if granting bail; or
(b) remand him or her to youth detention accommodation, if the defendant is at least 12 years old and the other conditions, about the offence and the defendant, prescribed by the Act are met.
Under section 80 of the Magistrates’ Courts Act 1980, the court may decide that any money found on the defendant must not be applied towards payment of the sum for which a warrant is issued under section 76 of that Act (enforcement of sums adjudged to be paid).
See section 82(6) of the 1980 Act. Under section 82(1) and (4), the court may only issue a warrant for the defendant’s imprisonment for non-payment of a sum due where it finds that the prescribed conditions are met.
Under section 123 of the 1980 Act, “no objection shall be allowed to any … warrant to procure the presence of the defendant, for any defect in it in substance or in form …”.]
(1) A warrant may be executed—
(a) by any person to whom it is directed; or
(b) if the warrant was issued by a magistrates’ court, by anyone authorised to do so by section 125 (warrants), 125A (civilian enforcement officers) or 125B (execution by approved enforcement agency) of the Magistrates’ Courts Act 1980.
(2) The person who executes a warrant must—
(a) explain, in terms the defendant can understand, what the warrant requires, and why;
(b) show the defendant the warrant, if that person has it; and
(c) if the defendant asks—
(i) arrange for the defendant to see the warrant, if that person does not have it, and
(ii) show the defendant any written statement of that person’s authority required by section 125A or 125B of the 1980 Act.
(3) The person who executes a warrant of arrest that requires the defendant to be released on bail must—
(a) make a record of—
(i) the defendant’s name,
(ii) the reason for the arrest,
(iii) the defendant’s release on bail, and
(iv) when and where the warrant requires the defendant to attend court; and
(b) serve the record on—
(i) the defendant, and
(ii) the court officer.
(4) The person who executes a warrant of detention or imprisonment must—
(a) take the defendant—
(i) to any place specified in the warrant, or
(ii) if that is not immediately practicable, to any other place at which the defendant may be lawfully detained (and the warrant then has effect as if it specified that place);
(b) obtain a receipt from the custodian; and
(c) notify the court officer that the defendant has been taken to that place.
(5) Where a defendant is present for any purpose before a court—
(a) the court officer must—
(i) find out whether a warrant of arrest issued in the same or another case remains outstanding in respect of that defendant, and
(ii) if so, inform the court; and
(b) a court so informed may—
(i) take such account of that information as the court thinks fit in making any decision required of it on that occasion, and
(ii) give such directions as are lawful and practicable in respect of the execution of an outstanding warrant.
[Note. Under section 125 of the Magistrates’ Courts Act 1980, a warrant issued by a magistrates’ court may be executed by any person to whom it is directed or by any constable acting within that constable’s police area.
Certain warrants issued by a magistrates’ court may be executed anywhere in England and Wales by a civilian enforcement officer, under section 125A of the 1980 Act; or by an approved enforcement agency, under section 125B of the Act. In either case, the person executing the warrant must, if the defendant asks, show a written statement indicating: that person’s name; the authority or agency by which that person is employed, or in which that person is a director or partner; that that person is authorised to execute warrants; and, where section 125B applies, that the agency is registered as one approved by the Lord Chancellor.
See also section 125D of the 1980 Act, under which—
(a) a warrant to which section 125A applies may be executed by any person entitled to execute it even though it is not in that person’s possession at the time; and
(b) certain other warrants, including any warrant to arrest a person in connection with an offence, may be executed by a constable even though it is not in that constable’s possession at the time.]
13.6 Warrants that cease to have effect on payment
(1) This rule applies to a warrant issued by a magistrates’ court under any of the following provisions of the Magistrates’ Courts Act 1980—
(a) section 76 (enforcement of sums adjudged to be paid);
(b) section 83 (process for securing attendance of offender);
(c) section 86 (power of magistrates’ court to fix day for appearance of offender at means inquiry, etc.); or
(d) section 136 (committal to custody overnight at police station for non-payment of sum adjudged by conviction).
(2) The warrant no longer has effect if—
(a) the sum in respect of which the warrant was issued is paid to the person executing it;
(b) that sum is offered to, but refused by, that person; or
(c) that person is shown a receipt for that sum given by—
(i) the court officer, or
(ii) the authority to which that sum is due.
[Note. See sections 79 and 125(1) of the Magistrates’ Courts Act 1980.]
13.7 Warrant issued when the court office is closed
(1) This rule applies where the court issues a warrant when the court office is closed.
(2) The applicant for the warrant must, not more than 72 hours later, serve on the court officer—
(a) a copy of the warrant; and
(b) any written material that was submitted to the court.
(1) This Part applies where a magistrates’ court or the Crown Court can—
(a) grant or withhold bail, or impose or vary a condition of bail; and
(b) where bail has been withheld, extend a custody time limit.
(2) Rules 14.18, 14.19 and 14.20 apply where a magistrates’ court can authorise an extension of the period for which a defendant is released on bail before being charged with an offence.
(3) In this Part, ‘defendant’ includes a person who has been granted bail by a police officer.
[Note. See in particular—
(a) the Bail Act 1976;
(b) section 128 of the Magistrates’ Courts Act 1980 (general powers of magistrates’ courts in relation to bail);
(c) section 81 of the Senior Courts Act 1981 (general powers of the Crown Court in relation to bail);
(d) section 115 of the Coroners and Justice Act 2009 (exclusive power of the Crown Court to grant bail to a defendant charged with murder);
(e) section 22 of the Prosecution of Offences Act 1985 (provision for custody time limits);
(f) the Prosecution of Offences (Custody Time Limits) Regulations 1987 (maximum periods during which a defendant may be kept in custody pending trial); and
(g) sections 47ZF and 47ZG of the Police and Criminal Evidence Act 1984 (extensions by court of pre-charge bail time limit).
At the end of this Part there isa summary of the general entitlement to bail, and of the exceptions to that entitlement.]
(1) The court must not make a decision to which this Part applies unless—
(a) each party to the decision and any surety directly affected by the decision—
(i) is present, in person or by live link, or
(ii) has had an opportunity to make representations;
(b) on an application for bail by a defendant who is absent and in custody, the court is satisfied that the defendant—
(i) has waived the right to attend, or
(ii) was present when a court withheld bail in the case on a previous occasion and has been in custody continuously since then;
(c) on a prosecutor’s appeal against a grant of bail, application to extend a custody time limit or appeal against a refusal to extend such a time limit—
(i) the court is satisfied that a defendant who is absent has waived the right to attend, or
(ii) the court is satisfied that it would be just to proceed even though the defendant is absent; and
(d) the court is satisfied that sufficient time has been allowed—
(i) for the defendant to consider the information provided by the prosecutor under rule 14.5(2), and
(ii) for the court to consider the parties’ representations and make the decision required.
(2) The court may make a decision to which this Part applies at a hearing, in public or in private.
(3) The court may determine without a hearing an application to vary a condition of bail if—
(a) the parties to the application have agreed the terms of the variation proposed; or
(b) on an application by a defendant, the court determines the application no sooner than the fifth business day after the application was served.
(4) The court may adjourn a determination to which this Part applies, if that is necessary to obtain information sufficient to allow the court to make the decision required.
(5) At any hearing at which the court makes one of the following decisions, the court must announce in terms the defendant can understand (with help, if necessary), and by reference to the circumstances of the defendant and the case, its reasons for—
(a) withholding bail, or imposing or varying a bail condition;
(b) granting bail, where the prosecutor opposed the grant; or
(c) where the defendant is under 18—
(i) imposing or varying a bail condition when ordering the defendant to be detained in local authority accommodation, or
(ii) ordering the defendant to be detained in youth detention accommodation.
(6) At any hearing at which the court grants bail, the court must—
(a) tell the defendant where and when to surrender to custody; or
(b) arrange for the court officer to give the defendant, as soon as practicable, notice of where and when to surrender to custody.
(7) This rule does not apply on an application to a magistrates’ court to authorise an extension of pre-charge bail.
[Note. See section 5 of the Bail Act 1976 and sections 93(7) and 102(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
When, by virtue of a direction given under section 51 of the Criminal Justice Act 2003, a defendant attends a hearing through a live link, then under section 52A of that Act the defendant is to be treated as present in court.
Under section 91 of the 2012 Act, instead of granting bail to a defendant under 18 the court may—
(a) remand him or her to local authority accommodation and, after consulting with that authority, impose on the defendant a condition that the court could impose if granting bail; or
(b) remand him or her to youth detention accommodation, if the defendant is at least 12 years old and the other conditions, about the offence and the defendant, prescribed by the Act are met.
See also rule 14.18 (Exercise of court’s powers: extension of pre-charge bail).]
(1) This rule applies—
(a) only in a magistrates’ court; and
(b) unless the court—
(i) includes a District Judge (Magistrates’ Courts), and
(ii) otherwise directs.
(2) A justices’ legal adviser must ask such questions as may be needed to obtain information sufficient to allow the court to make such decisions as are required.
[Note. For the functions of a justices’ legal adviser, see sections 28 and 29 of the Courts Act 2003. See also rule 2.12 (Duties of justices’ legal adviser).]
(1) The court officer must arrange for a note or other record to be made of—
(a) the parties’ representations about bail; and
(b) the court’s reasons for a decision—
(i) to withhold bail, or to impose or vary a bail condition,
(ii) to grant bail, where the prosecutor opposed the grant, or
(iii) on an application to which rule 14.19 applies (Application to authorise extension of pre-charge bail).
(2) The court officer must serve notice of a decision about bail on—
(a) the defendant (but, in the Crown Court, only where the defendant’s legal representative asks for such a notice, or where the defendant has no legal representative);
(b) the prosecutor (but only where the court granted bail, the prosecutor opposed the grant, and the prosecutor asks for such a notice);
(c) a party to the decision who was absent when it was made;
(d) a surety who is directly affected by the decision;
(e) the defendant’s custodian, where the defendant is in custody and the decision requires the custodian—
(i) to release the defendant (or will do so, if a requirement ordered by the court is met), or
(ii) to transfer the defendant to the custody of another custodian; and
(f) the court officer for any other court at which the defendant is required by that decision to surrender to custody.
(3) Where the court postpones the date on which a defendant who is on bail must surrender to custody, the court officer must serve notice of the postponed date on—
(a) the defendant; and
(b) any surety.
(4) Where a magistrates’ court withholds bail in a case to which section 5(6A) of the Bail Act 1976 applies (remand in custody after hearing full argument on an application for bail), the court officer must serve on the defendant a certificate that the court heard full argument.
(5) Where the court determines without a hearing an application to which rule 14.19 applies (Application to authorise extension of pre-charge bail), the court officer must—
(a) if the court allows the application, notify the applicant; and
(b) if the court refuses the application, notify the applicant and the defendant.
[Note. See section 5 of the Bail Act 1976; section 43 of the Magistrates’ Courts Act 1980; and section 52 of the Mental Health Act 1983.]
(1) This rule applies whenever the court can grant or withhold bail.
(2) The prosecutor must as soon as practicable—
(a) provide the defendant with all the information in the prosecutor’s possession which is material to what the court must decide; and
(b) provide the court with the same information.
(3) A prosecutor who opposes the grant of bail must specify—
(a) each exception to the general right to bail on which the prosecutor relies; and
(b) each consideration that the prosecutor thinks relevant.
(4) A prosecutor who wants the court to impose a condition on any grant of bail must—
(a) specify each condition proposed; and
(b) explain what purpose would be served by such a condition.
[Note. A summary of the general entitlement to bail and of the exceptions to that entitlement is at the end of this Part.]
14.6 Reconsideration of police bail by magistrates’ court
(1) This rule applies where—
(a) a party wants a magistrates’ court to reconsider a bail decision by a police officer after the defendant is charged with an offence; and
(b) a defendant wants a magistrates’ court to reconsider a bail condition imposed by a police officer before the defendant is charged with an offence.
(2) An application under this rule must be made to—
(a) the magistrates’ court—
(i) to whose custody the defendant is under a duty to surrender, if any, or
(ii) by which the most recent previous extension of pre-charge bail has been authorised, if applicable; or
(b) any magistrates’ court acting for the police officer’s local justice area, in any other case.
(3) The applicant party must—
(a) apply in writing; and
(b) serve the application on—
(i) the court officer,
(ii) the other party, and
(iii) any surety affected or proposed.
(4) The application must—
(a) specify—
(i) the decision that the applicant wants the court to make,
(ii) each offence charged, or for which the defendant was arrested, and
(iii) the police bail decision to be reconsidered and the reasons given for it;
(b) explain, as appropriate—
(i) why the court should grant bail itself, or withdraw it, or impose or vary a condition, and
(ii) if the applicant is the prosecutor, what material information has become available since the police bail decision was made;
(c) propose the terms of any suggested condition of bail; and
(d) if the applicant wants an earlier hearing than paragraph (7) requires, ask for that, and explain why it is needed.
(5) A prosecutor who applies under this rule must serve on the defendant, with the application, notice that the court has power to withdraw bail and, if the defendant is absent when the court makes its decision, order the defendant’s arrest.
(6) A party who opposes an application must—
(a) so notify the court officer and the applicant at once; and
(b) serve on each notice of the reasons for opposition.
(7) Unless the court otherwise directs, the court officer must arrange for the court to hear the application as soon as practicable and in any event—
(a) if it is an application to withdraw bail, no later than the second business day after it was served; and
(b) in any other case, no later than the fifth business day after it was served.
(8) The court may—
(a) vary or waive a time limit under this rule;
(b) allow an application to be in a different form to one issued under the Practice Direction; and
(c) if rule 14.2 allows, determine without a hearing an application to vary a condition.
[Note. Under section 5B of the Bail Act 1976—
(a) where a defendant has been charged with an offence which can be tried in the Crown Court; or
(b) in an extradition case,
on application by the prosecutor a magistrates’ court may withdraw bail granted by a constable, impose conditions of bail, or vary conditions of bail. See also sections 37, 37C(2)(b), 37CA(2)(b), 46A and 47(1B) of the Police and Criminal Evidence Act 1984.
Under section 43B of the Magistrates’ Courts Act 1980, where a defendant has been charged with an offence, on application by the defendant a magistrates’ court may grant bail itself, in substitution for bail granted by a custody officer, or vary the conditions of bail granted by a custody officer. See also sections 37, 37C(2)(b), 37CA(2)(b), 46A and 47(1C), (1D) of the Police and Criminal Evidence Act 1984.
Under section 47(1E) of the Police and Criminal Evidence Act 1984, where a defendant has been released on bail by a custody officer without being charged with an offence, on application by the defendant a magistrates’ court may vary any conditions of that bail. See also rules 14.18 and 14.19 and sections 37, 37C(2)(b), 37CA(2)(b), 46A and 47(1C) of the Act.]
(1) This rule applies where—
(a) in a magistrates’ court—
(i) a prosecutor wants the court to withdraw bail granted by the court, or to impose or vary a condition of such bail, or
(ii) a defendant wants the court to reconsider such bail before the next hearing in the case; and
(b) in the Crown Court—
(i) a party wants the court to grant bail that has been withheld, or to withdraw bail that has been granted, or to impose a new bail condition or to vary a present one, or
(ii) a prosecutor wants the court to consider whether to grant or withhold bail, or impose or vary a condition of bail, under section 88 or section 89 of the Criminal Justice Act 2003 (bail and custody in connection with an intended application to the Court of Appeal to which Part 27 (Retrial after acquittal) applies).
(2) Such a party must—
(a) apply in writing;
(b) serve the application on—
(i) the court officer,
(ii) the other party, and
(iii) any surety affected or proposed; and
(c) serve the application not less than 2 business days before any hearing in the case at which the applicant wants the court to consider it, if such a hearing is already due.
(3) The application must—
(a) specify—
(i) the decision that the applicant wants the court to make,
(ii) each offence charged, and
(iii) each relevant previous bail decision and the reasons given for each;
(b) if the applicant is a defendant, explain—
(i) as appropriate, why the court should not withhold bail, or why it should vary a condition, and
(ii) what further information or legal argument, if any, has become available since the most recent previous bail decision was made;
(c) if the applicant is the prosecutor, explain—
(i) as appropriate, why the court should withdraw bail, or impose or vary a condition, and
(ii) what material information has become available since the most recent previous bail decision was made;
(d) propose the terms of any suggested condition of bail; and
(e) if the applicant wants an earlier hearing than paragraph (6) requires, ask for that, and explain why it is needed.
(4) A prosecutor who applies under this rule must serve on the defendant, with the application, notice that the court has power to withdraw bail and, if the defendant is absent when the court makes its decision, order the defendant’s arrest.
(5) A party who opposes an application must—
(a) so notify the court officer and the applicant at once; and
(b) serve on each notice of the reasons for opposition.
(6) Unless the court otherwise directs, the court officer must arrange for the court to hear the application as soon as practicable and in any event—
(a) if it is an application to grant or withdraw bail, no later than the second business day after it was served; and
(b) if it is an application to impose or vary a condition, no later than the fifth business day after it was served.
(7) The court may—
(a) vary or waive a time limit under this rule;
(b) allow an application to be in a different form to one issued under the Practice Direction, or to be made orally; and
(c) if rule 14.2 allows, determine without a hearing an application to vary a condition.
[Note. In addition to the court’s general powers in relation to bail—
(a) under section 3(8) of the Bail Act 1976, on application by either party the court may impose a bail condition or vary a condition it has imposed. Until the Crown Court makes its first bail decision in the case, a magistrates’ court may vary a condition which it imposed on committing or sending a defendant for Crown Court trial.
(b) under section 5B of the Bail Act 1976, where the defendant is on bail and the offence is one which can be tried in the Crown Court, or in an extradition case, on application by the prosecutor a magistrates’ court may withdraw bail, impose conditions of bail or vary the conditions of bail.
(c) under sections 88 and 89 of the Criminal Justice Act 2003, the Crown Court may remand in custody, or grant bail to, a defendant pending an application to the Court of Appeal for an order for retrial under section 77 of that Act.
Under Part IIA of Schedule 1 to the Bail Act 1976, if the court withholds bail then at the first hearing after that the defendant may support an application for bail with any argument as to fact or law, whether or not that argument has been advanced before. At subsequent hearings, the court need not hear arguments which it has heard previously.]
14.8 Defendant’s application or appeal to the Crown Court after magistrates’ court bail decision
(1) This rule applies where a defendant wants to—
(a) apply to the Crown Court for bail after a magistrates’ court has withheld bail; or
(b) appeal to the Crown Court after a magistrates’ court has refused to vary a bail condition as the defendant wants.
(2) The defendant must—
(a) apply to the Crown Court in writing as soon as practicable after the magistrates’ court’s decision; and
(b) serve the application on—
(i) the Crown Court officer,
(ii) the magistrates’ court officer,
(iii) the prosecutor, and
(iv) any surety affected or proposed.
(3) The application must—
(a) specify—
(i) the decision that the applicant wants the Crown Court to make, and
(ii) each offence charged;
(b) explain—
(i) as appropriate, why the Crown Court should not withhold bail, or why it should vary the condition under appeal, and
(ii) what further information or legal argument, if any, has become available since the magistrates’ court’s decision;
(c) propose the terms of any suggested condition of bail;
(d) if the applicant wants an earlier hearing than paragraph (6) requires, ask for that, and explain why it is needed; and
(e) on an application for bail, attach a copy of the certificate of full argument served on the defendant under rule 14.4(4).
(4) The magistrates’ court officer must as soon as practicable serve on the Crown Court officer—
(a) a copy of the note or record made under rule 14.4(1) in connection with the magistrates’ court’s decision; and
(b) the date of the next hearing, if any, in the magistrates’ court.
(5) A prosecutor who opposes the application must—
(a) so notify the Crown Court officer and the defendant at once; and
(b) serve on each notice of the reasons for opposition.
(6) Unless the Crown Court otherwise directs, the court officer must arrange for the court to hear the application or appeal as soon as practicable and in any event no later than the business day after it was served.
(7) The Crown Court may vary a time limit under this rule.
[Note. Under section 81 of the Senior Courts Act 1981, the Crown Court may grant bail in a magistrates’ court case in which the magistrates’ court has withheld bail.
Under section 16 of the Criminal Justice Act 2003, a defendant may appeal to the Crown Court against a bail condition imposed by a magistrates’ court only where—
(a) the condition is one that the defendant must—
(i) live and sleep at a specified place, or away from a specified place,
(ii) give a surety or a security,
(iii) stay indoors between specified hours,
(iv) comply with electronic monitoring requirements, or
(v) make no contact with a specified person; and
(b) the magistrates’ court has determined an application by either party to vary that condition.
In an extradition case, where a magistrates’ court withholds bail or imposes bail conditions, on application by the defendant the High Court may grant bail, or vary the conditions, under section 22 of the Criminal Justice Act 1967. For the procedure in the High Court, see Schedule 1 to the Civil Procedure Rules 1998 (RSC Order 79).]
(1) This rule applies where a prosecutor wants to appeal—
(a) to the Crown Court against a grant of bail by a magistrates’ court, in a case in which the defendant has been charged with, or convicted of, an offence punishable with imprisonment; or
(b) to the High Court against a grant of bail—
(i) by a magistrates’ court, in an extradition case, or
(ii) by the Crown Court, in a case in which the defendant has been charged with, or convicted of, an offence punishable with imprisonment (but not in a case in which the Crown Court granted bail on an appeal to which paragraph (1)(a) applies).
(2) The prosecutor must tell the court which has granted bail of the decision to appeal—
(a) at the end of the hearing during which the court granted bail; and
(b) before the defendant is released on bail.
(3) The court which has granted bail must exercise its power to remand the defendant in custody pending determination of the appeal.
(4) The prosecutor must serve an appeal notice—
(a) on the court officer for the court which has granted bail and on the defendant; and
(b) not more than 2 hours after telling that court of the decision to appeal.
(5) The appeal notice must specify—
(a) each offence with which the defendant is charged;
(b) the decision under appeal;
(c) the reasons given for the grant of bail; and
(d) the grounds of appeal.
(6) On an appeal to the Crown Court, the magistrates’ court officer must, as soon as practicable, serve on the Crown Court officer—
(a) the appeal notice;
(b) a copy of the note or record made under rule 14.4(1) (record of bail decision); and
(c) notice of the date of the next hearing in the court which has granted bail.
(7) If the Crown Court so directs, the Crown Court officer must arrange for the defendant to be assisted by the Official Solicitor in a case in which the defendant—
(a) has no legal representative; and
(b) asks for such assistance.
(8) On an appeal to the Crown Court, the Crown Court officer must arrange for the court to hear the appeal as soon as practicable and in any event no later than the second business day after the appeal notice was served.
(9) The prosecutor—
(a) may abandon an appeal to the Crown Court without the court’s permission, by serving a notice of abandonment, signed by or on behalf of the prosecutor, on—
(i) the defendant,
(ii) the Crown Court officer, and
(iii) the magistrates’ court officer
before the hearing of the appeal begins; but
(b) after the hearing of the appeal begins, may only abandon the appeal with the Crown Court’s permission.
(10) The court officer for the court which has granted bail must instruct the defendant’s custodian to release the defendant on the bail granted by that court, subject to any condition or conditions of bail imposed, if—
(a) the prosecutor fails to serve an appeal notice within the time to which paragraph (4) refers; or
(b) the prosecutor serves a notice of abandonment under paragraph (9).
[Note. See section 1 of the Bail (Amendment) Act 1993. The time limit for serving an appeal notice is prescribed by section 1(5) of the Act. It may be neither extended nor shortened.
For the procedure in the High Court, see Schedule 1 to the Civil Procedure Rules 1998 (RSC Order 79, rule 9) and the Practice Direction which supplements that Order. Under those provisions, the prosecutor must file in the High Court, among other things—
(a) a copy of the appeal notice served by the prosecutor under rule 14.9(4);
(b) notice of the Crown Court decision to grant bail served on the prosecutor under rule 14.4(2); and
(c) notice of the date of the next hearing in the Crown Court.]
(1) This rule applies in a case in which—
(a) the defendant is charged with murder; and
(b) the Crown Court has not yet considered bail.
(2) The magistrates’ court officer must arrange with the Crown Court officer for the Crown Court to consider bail as soon as practicable and in any event no later than the second business day after—
(a) a magistrates’ court sends the defendant to the Crown Court for trial; or
(b) the first hearing in the magistrates’ court, if the defendant is not at once sent for trial.
[Note. See section 115 of the Coroners and Justice Act 2009.]
(1) The defendant must notify the prosecutor of the address at which the defendant will live and sleep if released on bail with a condition of residence—
(a) as soon as practicable after the institution of proceedings, unless already done; and
(b) as soon as practicable after any change of that address.
(2) The prosecutor must help the court to assess the suitability of an address proposed as a condition of residence.
(1) This rule applies where the court imposes electronic monitoring requirements, where available, as a condition of bail.
(2) The court officer must—
(a) inform the person responsible for the monitoring (‘the monitor’) of—
(i) the defendant’s name, and telephone number if available,
(ii) each offence with which the defendant is charged,
(iii) details of the place at which the defendant’s presence must be monitored,
(iv) the period or periods during which the defendant’s presence at that place must be monitored, and
(v) if fixed, the date on which the defendant must surrender to custody;
(b) inform the defendant and, where the defendant is under 16, an appropriate adult, of the monitor’s identity and the means by which the monitor may be contacted; and
(c) notify the monitor of any subsequent—
(i) variation or termination of the electronic monitoring requirements, or
(ii) fixing or variation of the date on which the defendant must surrender to custody.
[Note. Under section 3(6ZAA) of the Bail Act 1976, the conditions of bail that the court may impose include requirements for the electronic monitoring of a defendant’s compliance with other bail conditions, for example a curfew. Sections 3AA and 3AB of the 1976 Act set out conditions for imposing such requirements.
Under section 3AC of the 1976 Act, where the court imposes electronic monitoring requirements they must provide for the appointment of a monitor.]
(1) This rule applies where the court imposes as a condition of bail a requirement, where available, that the defendant must—
(a) reside in accommodation provided for that purpose by, or on behalf of, a public authority; or
(b) receive bail support provided by, or on behalf of, a public authority.
(2) The court officer must—
(a) inform the person responsible for the provision of any such accommodation or support (‘the service provider’) of—
(i) the defendant’s name, and telephone number if available,
(ii) each offence with which the defendant is charged,
(iii) details of the requirement,
(iv) any other bail condition, and
(v) if fixed, the date on which the defendant must surrender to custody;
(b) inform the defendant and, where the defendant is under 16, an appropriate adult, of—
(i) the service provider’s identity and the means by which the service provider may be contacted, and
(ii) the address of any accommodation in which the defendant must live and sleep; and
(c) notify the service provider of any subsequent—
(i) variation or termination of the requirement,
(ii) variation or termination of any other bail condition, and
(iii) fixing or variation of the date on which the defendant must surrender to custody.
(1) This rule applies where the court imposes as a condition of bail a requirement for—
(a) a surety;
(b) a payment; or
(c) the surrender of a document or thing.
(2) The court may direct how such a condition must be met.
(3) Unless the court otherwise directs, if any such condition or direction requires a surety to enter into a recognizance—
(a) the recognizance must specify—
(i) the amount that the surety will be required to pay if the purpose for which the recognizance is entered is not fulfilled, and
(ii) the date, or the event, upon which the recognizance will expire;
(b) the surety must enter into the recognizance in the presence of—
(i) the court officer,
(ii) the defendant’s custodian, where the defendant is in custody, or
(iii) someone acting with the authority of either; and
(c) the person before whom the surety enters into the recognizance must at once serve a copy on—
(i) the surety, and
(ii) as appropriate, the court officer and the defendant’s custodian.
(4) Unless the court otherwise directs, if any such condition or direction requires someone to make a payment, or surrender a document or thing—
(a) that payment, document or thing must be made or surrendered to—
(i) the court officer,
(ii) the defendant’s custodian, where the defendant is in custody, or
(iii) someone acting with the authority of either; and
(b) the court officer or the custodian, as appropriate, must serve immediately on the other a statement that the payment, document or thing has been made or surrendered.
(5) The custodian must release the defendant when each requirement ordered by the court has been met.
[Note. See also section 119 of the Magistrates’ Courts Act 1980.]