The Criminal Procedure Rules 2020

Application to authorise extension of pre-charge bail

14.21.—(1) This rule applies where an applicant wants the court to authorise an extension of the period for which a defendant is released on bail before being charged with an offence.

(2) The applicant must—

(a)apply in writing before the date on which the defendant’s pre-charge bail is due to end;

(b)demonstrate that the applicant is entitled to apply as a constable, a member of staff of the Financial Conduct Authority, a member of the Serious Fraud Office or a Crown Prosecutor;

(c)serve the application on—

(i)the court officer, and

(ii)the defendant; and

(d)serve on the defendant, with the application, a form of response notice for the defendant’s use.

(3) The application must specify—

(a)the offence or offences for which the defendant was arrested;

(b)the date on which the defendant’s pre-charge bail began;

(c)the date and period of any previous extension of that bail;

(d)the date on which that bail is due to end;

(e)the conditions of that bail; and

(f)if different, the bail conditions which are to be imposed if the court authorises an extension, or further extension, of the period for which the defendant is released on pre-charge bail.

(4) The application must explain—

(a)the grounds for believing that, as applicable—

(i)further investigation is needed of any matter in connection with the offence or offences for which the defendant was released on bail, or

(ii)further time is needed for making a decision as to whether to charge the defendant with that offence or those offences;

(b)the grounds for believing that, as applicable—

(i)the investigation into the offence or offences for which the defendant was released on bail is being conducted diligently and expeditiously, or

(ii)the decision as to whether to charge the defendant with that offence or those offences is being made diligently and expeditiously; and

(c)the grounds for believing that the defendant’s further release on bail is necessary and proportionate in all the circumstances having regard, in particular, to any conditions of bail imposed.

(5) The application must—

(a)indicate whether the applicant wants the court to authorise an extension of the defendant’s bail for 3 months or for 6 months; and

(b)if for 6 months, explain why the investigation is unlikely to be completed or the charging decision made, as the case may be, within 3 months.

(6) The application must explain why it was not made earlier where—

(a)the application is made before the date on which the defendant’s bail is due to end; but

(b)it is not likely to be practicable for the court to determine the application before that date.

(7) A defendant who objects to the application must—

(a)serve notice on—

(i)the court officer, and

(ii)the applicant

not more than 5 business days after service of the application; and

(b)in the notice explain the grounds of the objection.

[Note. The Practice Direction sets out forms of application and response notice for use in connection with this rule.

See sections 47ZF (Applicable bail period: first extension of limit by the court), 47ZG (Applicable bail period: subsequent extensions of limit by the court) and 47ZJ (Sections 47ZF and 47ZG: late applications to magistrates’ court) of the Police and Criminal Evidence Act 1984(1).

The time limit for making an application is prescribed by section 47ZF(2) and by section 47ZG(2) of the 1984 Act. It may be neither extended nor shortened. Under section 47ZJ(2) of the Act, if it is not practicable for the court to determine the application before the applicable bail period ends then the court must determine the application as soon as practicable. Under section 47ZJ(3), the applicable bail period is treated as extended until the application is determined. Under section 47ZJ(4), if it appears to the court that it would have been reasonable for the application to have been made in time for it to be determined by the court before the end of the applicable bail period then the court may refuse the application.]