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Bail (Amendment) Act 1993

1993 CHAPTER 26

An Act to confer upon the prosecution a right of appeal against decisions to grant bail.

[20th July 1993]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Prosecution right of appeal.

[F1 (1) Where a magistrates' court grants bail to a person who is charged with, or convicted of, an offence punishable by imprisonment, the prosecution may appeal to a judge of the Crown Court against the granting of bail. F1]

[F2 (1A) Where a magistrates' court grants bail to a person in connection with extradition proceedings, the prosecution may appeal to [F3 the High CourtF3] against the granting of bail. F2]

[F4 (1B) Where a judge of the Crown Court grants bail to a person who is charged with, or convicted of, an offence punishable by imprisonment, the prosecution may appeal to the High Court against the granting of bail.

(1C) An appeal under subsection (1B) may not be made where a judge of the Crown Court has granted bail on an appeal under subsection (1). F4]

(2) [F5 Subsections (1) and (1B) above apply F5] only where the prosecution is conducted-

(a) by or on behalf of the Director of Public Prosecutions; or

(b) by a person who falls within such class or description of person as may be prescribed for the purposes of this section by order made by the Secretary of State.

(3) [F6 An appeal under subsection (1) [F7 , (1A) or (1B) F7,F6]] may be made only if—

(a) the prosecution made representations that bail should not be granted; and

(b) the representations were made before it was granted.

(4) F9 In the event of the prosecution wishing to exercise the right of appeal set out in subsection (1) [F7 , (1A) or (1B) F7] above, oral notice of appeal shall be given to the [F8court which has granted bail F8] at the conclusion of the proceedings in which ... bail has been granted and before the release from custody of the person concerned.

(5) Written notice of appeal shall thereafter be served on the [F10court which has granted bail F10] and the person concerned within two hours of the conclusion of such proceedings.

(6) Upon receipt from the prosecution of oral notice of appeal from its decision to grant bail the [F11court which has granted bail F11] shall remand in custody the person concerned, until the appeal is determined or otherwise disposed of.

(7) Where the prosecution fails, within the period of two hours mentioned in subsection (5) above, to serve one or both of the notices required by that subsection, the appeal shall be deemed to have been disposed of.

(8) F13 The hearing of an appeal under subsection (1) [F12 , (1A) or (1B) F12] above against a decision of the ... court to grant bail shall be commenced within forty-eight 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 is given.

(9) At the hearing of any appeal by the prosecution under this section, such 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 he thinks fit.

(10) In relation to a [F14 person under the age of 18 F14] —

(a) the [F15 references in subsections (1) and (1B) F15] above to an offence [F16 punishable by imprisonment F16][F17 are to be read as references F17] to an offence which would be so punishable in the case of an adult; and

(b) the [F18 references in subsections (6) and (9) above to remand in custody are F18] to be read subject to the provisions of [F19Chapter 3 of Part 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail)F19] .

(11) The power to make an order under subsection (2) above shall be exercisable by statutory instrument and any instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F20 (12) In this section—

2 Citation, commencement and extent. P1

(1) This Act may be cited as the Bail (Amendment) Act 1993.

(2) This Act (except this section) shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

(3) This Act extends to England and Wales only.

Status: There are currently no known outstanding effects for the Bail (Amendment) Act 1993.
Bail (Amendment) Act 1993 (1993/26)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1S. 1(1) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44) , ss. 18(1) , 336(3) , 336(4) (with s. 141 ); S.I. 2005/950 , art. 2(1) , Sch. 1 para. 1 (with Sch. 2 ) (as explained (29.7.2005) by S.I. 2005/2122 , art. 2; and as amended: (14.7.2008) by 2008 c. 4 , Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586 , Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111 , art. 2; (3.12.2012) by S.I. 2012/2905 , art. 4; (3.12.2012) by 2012 c. 10 , Sch. 14 para. 17; S.I. 2012/2906 , art. 2(l))this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F2S. 1(1A) inserted (1.1.2004) by Extradition Act 2003 (c. 41) , ss. 200(2) , 221 ; S.I. 2003/3103 , art. 2 (with arts. 3 4 ) (as amended (18.12.2003) by S.I. 2003/3312 , art. 2)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F3Words in s. 1(1A) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48) , s. 53(1) , Sch. 13 para. 28 ; S.I. 2006/3364 , art. 2(e)substituted
F4S. 1(1B)(1C) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) , s. 151(1) , Sch. 11 para. 32(2) ; S.I. 2012/2906 , art. 2(i)inserted
F5Words in s. 1(2) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) , s. 151(1) , Sch. 11 para. 32(3) ; S.I. 2012/2906 , art. 2(i)substituted
F6Words in s. 1(3) substituted (1.1.2004) by Extradition Act 2003 (c. 41) , ss. 200(3) , 221 ; S.I. 2003/3103 , art. 2 (with arts. 3 4 ) (as amended (18.12.2003) by S.I. 2003/3312 , art. 2)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F7Words in s. 1(3)(4) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) , s. 151(1) , Sch. 11 para. 32(4) ; S.I. 2012/2906 , art. 2(i) ; S.I. 2012/2906 , art. 2(i)substituted
F8Words in s. 1(4) substituted (1.1.2004) by Extradition Act 2003 (c. 41) , ss. 200(4)(b) , 221 ; S.I. 2003/3103 , art. 2 (with arts. 3 4 ) (as amended (18.12.2003) by S.I. 2003/3312 , art. 2)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F9Word in s. 1(4) repealed (1.1.2004) by Extradition Act 2003 (c. 41) , ss. 200(4)(c) , 221 , Sch. 4 ; S.I. 2003/3103 , art. 2 (with arts. 3 4 ) (as amended (18.12.2003) by S.I. 2003/3312 , art. 2)this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F10Words in s. 1(5) substituted (1.1.2004) by Extradition Act 2003 (c. 41) , ss. 200(5) , 221 ; S.I. 2003/3103 , art. 2 (with arts. 3 4 ) (as amended (18.12.2003) by S.I. 2003/3312 , art. 2)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F11Words in s. 1(6) substituted (1.1.2004) by Extradition Act 2003 (c. 41) , ss. 200(6) , 221 ; S.I. 2003/3103 , art. 2 (with arts. 3 4 ) (as amended (18.12.2003) by S.I. 2003/3312 , art. 2)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F12Words in s. 1(8) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) , s. 151(1) , Sch. 11 para. 32(4) ; S.I. 2012/2906 , art. 2(i)substituted
F13Word in s. 1(8) repealed (1.1.2004) by Extradition Act 2003 (c. 41) , ss. 200(7)(b) , 221 , Sch. 4 ; S.I. 2003/3103 , art. 2 (with arts. 3 4 ) (as amended (18.12.2003) by S.I. 2003/3312 , art. 2)this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F14Words in s. 1(10) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) , s. 151(1) , Sch. 12 para. 32(a) ; S.I. 2012/2906 , art. 2(j)substituted
F15Words in s. 1(10)(a) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) , s. 151(1) , Sch. 11 para. 32(5)(a) ; S.I. 2012/2906 , art. 2(i)substituted
F16Words in s. 1(10)(a) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44) , ss. 18(3) , 336(3) , 336(4) (with s. 141 ); S.I. 2005/950 , art. 2(1) , Sch. 1 para. 1 (with Sch. 2 ) (as explained (29.7.2005) by S.I. 2005/2122 , art. 2; and as amended: (14.7.2008) by 2008 c. 4 , Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586 , Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111 , art. 2; (3.12.2012) by S.I. 2012/2905 , art. 4; (3.12.2012) by 2012 c. 10 , Sch. 14 para. 17; S.I. 2012/2906 , art. 2(l))this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F17Words in s. 1(10)(a) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) , s. 151(1) , Sch. 11 para. 32(5)(b) ; S.I. 2012/2906 , art. 2(i)substituted
F18Words in s. 1(10)(b) substituted (1.1.2004) by Extradition Act 2003 (c. 41) , ss. 200(8) , 221 ; S.I. 2003/3103 , art. 2 (with arts. 3 4 ) (as amended (18.12.2003) by S.I. 2003/3312 , art. 2)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F19Words in s. 1(10)(b) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) , s. 151(1) , Sch. 12 para. 32(b) ; S.I. 2012/2906 , art. 2(j)substituted
F20S. 1(12) inserted (1.1.2004) by Extradition Act 2003 (c. 41) , ss. 200(9) , 221 ; S.I. 2003/3103 , art. 2 (with arts. 3 4 ) (as amended (18.12.2003) by S.I. 2003/3312 , art. 2)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F21Words in s. 1(12) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4) , s. 148(1) , Sch. 4 para. 231 ; S.I. 2006/1014 , art. 2(a) , Sch. 1 para. 11(v)substituted
P1S. 2(2) power fully exercised (25.5.1994): 27.6.1994 appointed day by S.I. 1994/1437 , art. 2 .
Defined TermSection/ArticleIDScope of Application
courts. 1legTermxmKhXwf4
extradition proceedingss. 1legTermlju9lqDK
magistrates' courts. 1legTermE4DOBxwZ
prosecutions. 1legTermVjPYOAgC
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.
  • The Bail (Amendment) Act 1993 (Prescription of Prosecuting Authorities) (Amendment) Order 2005 (2005/1129)

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