Page:Bail Act 1976.pdf/22

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18. In section 38(1) of the Act of 1952 (bail on arrest without warrant), for the words from “release” to the end there shall be substituted the words “grant him bail in accordance with the Bail Act 1976 subject to a duty to appear before a magistrates’ court at such time and place as the officer appoints”.

19. After section 38(1) of the Act of 1952 there shall be inserted the following subsection—
 * “(1A) Where a person has been granted bail under subsection (1) above, the magistrates’ court before which he is to appear may appoint a time as the time at which he is to appear and may enlarge the recognizances of any sureties for him to that time.”

20. In section 38(2) of the Act of 1952, for the words from “release” to “recognizance” in the second place where it occurs, there shall be substituted the words “grant him bail in accordance with the Bail Act 1976 subject to a duty to appear at such a police station and at such a time as the officer appoints” and for the words “any such recognizance” there shall be substituted the words “the recognizance of any surety for that person”.

21. Section 38(3) of the Act of 1952 (recognizance by parent or guardian on release of child or young person on bail) shall be omitted.

22. In section 89(1) of the Act of 1952 (terms of bail on appeal or case stated)—
 * (a) for the words from “release” to “conditioned” there shall be substituted the words “grant him bail.”; and
 * (b) for paragraphs (a) and (b) there shall be substituted the following subsection—
 * “(1A) If a person is granted bail under subsection (1) above, the time and place at which he is to appear (except in the event of the determination in respect of which the case is stated being reversed by the High Court) shall be—
 * (a) if he has given notice of appeal, the Crown Court at the time appointed for the hearing of the appeal;
 * (b) if he has applied for the statement of a case, the magistrates court at such time within ten days after the judgment of the High Court has been given as may be specified by the magistrates court;
 * and any recognizance that may be taken from him or from any surety for him shall be conditioned accordingly.”