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Bail And Custody Before Application

Volume 405: debated on Monday 19 May 2003

The text on this page has been created from Hansard archive content, it may contain typographical errors.

Amendments made: No. 386, in page 49, line 17, leave out from beginning to 'must' and insert—

"(1) In relation to a person charged in accordance with section 75(3)—
  • (a) section 38 of the 1984 Act (including any provision of that section as applied by section 40(10) of that Act) has effect as if, in subsection (1), for "either on bail or without bail" there were substituted "on bail",
  • (b) section 47(3) of that Act does not apply and references in section 38 of that Act to bail are references to bail subject to a duty to appear before the Crown Court at such place as the custody officer may appoint and at such time, not later than 24 hours after the person is released, as that officer may appoint, and
  • (c) section 43B of the Magistrates' Courts Act 1980 (c. 43) does not apply.
  • (1A) Where such a person is, after being charged—
  • (a) kept in police detention, or
  • (b) detained by a local authority in pursuance of arrangements made under section 38(6) of the 1984 Act,
  • he'.

    No. 387, in page 49, line 19, leave out from first 'and' to 'not' in line 20 and insert

    "section 46 of the 1984 Act does'.

    No. 388, in page 49, line 21, after "(1)' insert 'or (1A)'.

    No. 389, in page 49, line 28, after 'is' insert

    "to appear before the Crown Court as mentioned in subsection (1) or, where subsection (1A) applies, is'.

    No. 390, in page 49, line 29, at beginning insert

    "Where a person appears or is brought before the Crown Court in accordance with subsection (1) or (1A),'.

    No. 391, in page 49, line 30, leave out

    ", with such conditions as it sees fit,'.

    No. 392, in page 49, line 31, leave out 'before the Crown Court'.

    No. 393, in page 49, line 32, after "68(2)' insert

    "before the Court of Appeal at the hearing of that application'.

    No. 394, in page 49, line 35, leave out subsection (4).

    No. 395, in page 49, line 37, leave out from 'may' to 'revoke' in line 39.

    No. 396, in page 49, line 41, leave out subsection (6) and insert—

    (6A) In subsection (6B) the "relevant period", in relation to a person granted bail or remanded in custody under subsection (3), means—
  • (a) the period of 42 days beginning with the day on which he is granted bail or remanded in custody under that subsection, or
  • (b) that period as extended or further extended under subsection (7).
  • (6B) If at the end of the relevant period no notice of an application under section 64(1) or (2) in relation to the person has been given under section 68(1), the person—
  • (a) if on bail subject to a duty to appear as mentioned in subsection (3)(a), ceases to be subject to that duty and to any conditions of that bail, and
  • (b) if in custody on remand under subsection (3)(b) or (5), must be released immediately without bail.'.
  • No. 397, in page 50, line 5, leave out "(6)(b)' and insert "(6A)(a)'.

    No. 398, in page 50, line 5, after '(6)(b)' insert "until a specified date'.

    No. 399, in page 50, line 8, leave out subsection (8).— [Paul Goggins.]