Criminal Justice Act 1982

Persons remanded in custody

59 Remand in custody in absence of accused

(1) The [1980 c. 43.] Magistrates' Courts Act 1980 shall have effect subject to the amendments specified in Schedule 9 to this Act, being amendments to modify the requirement that a person may not be remanded in custody without being brought before the court.

(2) Nothing in this section shall affect the operation of section 2 of the [1980 c. 57.] Imprisonment (Temporary Provisions) Act 1980.

60 Applications to Crown Court for bail by persons remanded in custody

(1) In section 81 of the [1981 c. 54.] Supreme Court Act 1981—

(a) in subsection (1) (which lists cases in which the Crown Court may grant bail) at the end of paragraph (f) there shall be added “or

(g) who has been remanded in custody by a magistrates' court on adjourning a case under—

(i) section 5 (adjournment of inquiry into offence);

(ii) section 10 (adjournment of trial);

(iii) section 18 (initial procedure on information against adult for offence triable either way); or

(iv) section 30 (remand for medical examination),

of the Magistrates' Courts Act 1980;”;

(b) the following subsections shall be inserted after that subsection—

“(1H) Where the Crown Court grants a person bail under subsection (1)(g) it may direct him to appear at a time and place which the magistrates' court could have directed and the recognizance of any surety shall be conditioned accordingly.

(1J) The Crown Court may only grant bail to a person under subsection (1)(g) if the magistrates' court which remanded him in custody has certified under section 5(6A) of the [1976 c. 63.] Bail Act 1976 that it heard full argument on his application for bail before it refused the application.”.

(2) In subsection (6)(a) of section 5 of the Bail Act 1976 (supplementary provisions about decisions on bail) after the word " Court", in the first place where it occurs, there shall be inserted the words " or if it issues a certificate under subsection (6A) below ".

(3) The following subsections shall be inserted after that subsection—

“(6A) Where in criminal proceedings—

(a) a magistrates' court remands a person in custody under any of the following provisions of the [1980 c. 43.] Magistrates' Courts Act 1980—

(i) section 5 (adournment of inquiry into offence);

(ii) section 10 (adjournment of trial);

(iii) section 18 (initial procedure on information against adult for offence triable either way); or

(iv) section 30 (remand for medical examination),

after hearing full argument on an application for bail from him ; and

(b) either—

(i) it has not previously heard such argument on an application for bail from him in those proceedings; or

(ii) it has previously heard full argument from him on such an application but it is satisfied that there has been a change in his circumstances or that new considerations have been placed before it,

it shall be the duty of the court to issue a certificate in the prescribed form that they heard full argument on his application for bail before they refused the application,

(6B) Where the court issues a certificate under subsection (6A) above in a case to which paragraph (b)(ii) of that subsection applies, it shall state in the certificate the nature of the change of circumstances or the new considerations which caused it to hear a further fully argued bail application.

(6C) Where a court issues a certificate under subsection (6A) above it shall cause the person to whom it refuses bail to be given a copy of the certificate.”.

(4) In section 30 of the [1974 c. 4.] Legal Aid Act 1974 (scope of legal aid) the following subsections shall be inserted after subsection (1)—

“(1A) Legal aid which may be ordered to be given to any person for the purposes of any proceedings by a legal aid order under section 28(2) above, whether or not in the circumstances mentioned in section 29(1)(c) above, shall include, in the event—

(a) of his being remanded in custody in those proceedings ; and

(b) of the court issuing a certificate under section 5(6A) of the [1976 c. 63.] Bail Act 1976 (refusal of fully argued bail application),

legal aid for the purpose of proceedings in connection with an application for bail to the Crown Court.

(1B) Notwithstanding anything in subsection (1) above, legal aid in connection with an application for bail to the Crown Court shall not include representation by counsel except in a case where by virtue of subsection (2) (a) below legal aid ordered to be given for the purposes of the proceedings before the magistrates' court included representation by counsel.”.