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--- handy_clauses [2019/11/22 15:13]
frescom created
+++ handy_clauses [2019/12/12 11:33]
frescom
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 representative or appropriate adult shall be given, on request, a copy of the custody record
 as soon as practicable. This entitlement lasts for 12 months after release.
+BAIL VARIATION
+Variation of police imposed bail conditions
+Conditions imposed by a custody officer may be varied by:
+The same custody officer or another custody officer serving at the same police station on receipt of a request from the person to whom bail was granted There is no stated procedure for this process, but the police will normally require that a request is in writing. More onerous conditions can be imposed.
+The magistrates' court on application by the suspect (s. 47(1E) PACE). The magistrates can confirm the same conditions, impose different conditions, or direct that bail shall be unconditional. It continues to be police bail and the procedure for applying for the variation is set out at: Criminal Procedure Rules, Part 14, bail in the magistrates' court and the Crown Court - specifically Criminal Procedure Rule (Crim.PR.) 14.6.
+Where a defendant applies to the magistrates' court to vary conditions of bail imposed by the Police, the Court will fix a hearing date and notify the CPS. (Courts must hear the application no later than the fifth business day after receipt).
+If the CPS has already received a file from the Police, the prosecutor should ask the Police to give their view of the application.
+If the CPS has not already received a file, the prosecutor should request a file from the Police. The Police will supply either the appropriate file, or if this is not yet available, sufficient information relating to the circumstances of the case and the suspect's antecedents to enable an application to be dealt with effectively.

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