Criminal Justice Act 2003, section 17

Appeals to High Court

Part 2 Bail

(1)In section 22(1) of the Criminal Justice Act 1967 (c. 80) (extension of power of High Court to grant, or vary conditions of, bail)—

(a) after “Where” there is inserted “(a)” , and

(b) after “proceedings,”, in the second place where it occurs, there is inserted “and

(b)it does so where an application to the court to state a case for the opinion of the High Court is made,”.

(2)The inherent power of the High Court to entertain an application in relation to bail where a magistrates' court—

(a)has granted or withheld bail, or

(b)has varied the conditions of bail,

is abolished.

(3)The inherent power of the High Court to entertain an application in relation to bail where the Crown Court has determined—

(a)an application under section 3(8) of the 1976 Act, or

(b)an application under section 81(1)(a), (b), (c) or (g) of the Supreme Court Act 1981 (c. 54),

is abolished.

(4)The High Court is to have no power to entertain an application in relation to bail where the Crown Court has determined an appeal under section 16 of this Act.

(5)The High Court is to have no power to entertain an application in relation to bail where the Crown Court has granted or withheld bail under section 88 or 89 of this Act.

(6)Nothing in this section affects—

(a)any other power of the High Court to grant or withhold bail or to vary the conditions of bail, or

(b)any right of a person to apply for a writ of habeas corpus or any other prerogative remedy.

(7)Any reference in this section to an application in relation to bail is to be read as including—

(a)an application for bail to be granted,

(b)an application for bail to be withheld,

(c)an application for the conditions of bail to be varied.

(8)Any reference in this section to the withholding of bail is to be read as including a reference to the revocation of bail.

Definitions used in section 17 4

the court

(2) In relation to such an application or reference, any reference to “the court” in section 269(2) to (5) and Schedule 21 is to be read as a reference to the High Court.

Defined in Sch.22 para.11(2) · see it in the full Act
vary

“vary” has the same meaning as in the 1976 Act.

Defined in s.21 · see it in the full Act
bail

“bail” means bail in criminal proceedings (within the meaning of the 1976 Act),

Defined in s.21 · see it in the full Act
the 1976 Act

“the 1976 Act” means the Bail Act 1976 (c. 63),

Defined in s.21 · see it in the full Act

Cases considering section 17 11

W & Ors v Crown Court at Croydon

[2024] EWHC 3373 (Admin) · 13 December 2024

Confirms that the former general High Court power to grant bail was abolished, leaving judicial review of irrational Crown Court bail decisions as the relevant route, subject to section 29(3) of the Senior Courts Act 1981. (see para [22])

Ali v Crown Court at Kingston

[2017] EWHC 2706 (Admin) · 19 October 2017Interprets

The court treated section 17 as abolishing the High Court’s former power to entertain an application concerning bail refused by a Crown Court judge, subject to the preservation of prerogative remedies in section 17(6)(b). (see para [23]) The court interpreted section 17(6)(b) as preserving existing prerogative remedies, including judicial review where otherwise available, without creating a freestanding entitlement that bypasses section 29(3) of the Senior Courts Act 1981. (see paras [23]-[25])

Charles, R (on the application of) v Central Criminal Court

[2012] EWHC 2581 (Admin) · 31 July 2012

Confirms the statutory context in which the former bail appeal route was abolished, leaving judicial review jurisdiction through preserved prerogative remedies (see para [14]). Confirms that abolition of the previous bail appeal route did not affect the right to seek habeas corpus or another prerogative remedy. Judicial review was therefore available (see para [14]).

What each judgment says about section 17 is in the case-law panel in the full Act.

Explanatory note

153.Section 17 abolishes the jurisdiction of the High Court in respect of bail where it duplicates that of the Crown Court.

All the explanatory notes for the Act

Amendments and notes

1 notes from legislation.gov.uk

Commencement

  1. I8S. 17 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))