(a) may grant bail to a person held in
custody on a charge of or in connection with an offence if—
(i) the person
is awaiting a criminal proceeding to be held by that court in relation to that
offence; or
(ia) the court is a Magistrates Court and the person is awaiting
an appeal under the Justices Act 1886, section 222 to be held in the District
Court; or
(ii) the court has adjourned the criminal proceeding; or
(iii) the
court has committed or remanded the person in the course of or in connection
with a criminal proceeding to be held by that court or another court in
relation to that offence; and
(b) may enlarge, vary or revoke bail so
granted.
Notes—
1 If the court is a Magistrates Court, see the
Justices Act 1886, part 6A , for provisions about the use of video link
facilities or audio link facilities for proceedings, including bail
proceedings.
2 The provisions about the sexual assault counselling privilege
in the Evidence Act 1977, part 2 , division 2A apply in relation to bail
proceedings.
(2) A person in custody on a charge of or in connection with
an offence who is not granted bail or released under section 11Amust, unless
the person has been sentenced for that offence, be remanded in custody.
(3)
Save where this Act or any other Act otherwise provides, an enlargement of
bail may, if the court thinks fit, be granted in the absence of the defendant.
(4) A person to whom bail is granted shall not be released from custody while
the person is, for any other cause, being lawfully held in custody.
(5) The
powers of the Court of Appeal with respect to bail may be exercised by a judge
of the Supreme Court in the same manner as they may be exercised by the Court
of Appeal, but, if the judge refuses an application with respect to bail, the
person making the application may apply to the Court of Appeal and that court
shall hear and determine the application.
