Legal Aid, Sentencing and Punishment of Offenders Bill

178: After Clause 83, insert the following new Clause— ““Right to appeal bail decisions (1) The Bail (Amendment) Act 1993 is amended as follows. (2) After section 1 insert— ““1A Appeal against a bail decision (1) The prosecution may appeal to a judge of the High Court against the decision of a Crown Court to grant bail in a case where a person is charged with or convicted of an offence triable on indictment. (2) Subsection (1) applies where the prosecution is conducted— (a) by or on behalf of the Director of Public Prosecutions; or (b) by a person who falls within a class or description of person as prescribed in regulations made under this section. (3) An appeal under subsection (1) may only be made where— (a) the prosecution made representations that bail should not be granted; and (b) the representations were made before it was granted. (4) In the event of the prosecution wishing to exercise the right of appeal under subsection (1), it must give oral notice of appeal to the Crown Court at the conclusion of the proceedings in which such 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 Crown Court 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 Crown Court 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) to serve one or both of the notices in accordance with that subsection the appeal shall be deemed to have been disposed of. (8) The hearing of an appeal against a decision of the Crown Court to grant bail under subsection (1) 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) The judge hearing an appeal under this section shall be privy to any earlier evidence and may, at the conclusion of the hearing— (a) remand the person concerned in custody; or (b) grant bail, subject to any conditions, as he or she sees fit.””.””