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Procedure |
| Procedure. |
34. - (1) The Lord Chancellor must make rules as to the procedure and practice to be followed in connection with bail hearings before magistrates' courts resulting from any provisions of this Part.
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(2) The rules must include provision requiring the Secretary of State to notify-
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(a) the detained person who is the subject of the hearing of a reference under section 29, and |
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(b) if the Secretary of State is aware that that person will be represented at the hearing (whether or not by a solicitor or barrister), the person who will be representing him at the hearing, |
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of the date, place and time of the hearing as soon as is reasonably practicable after the Secretary of State is given that information by the magistrates' court.
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(3) On the first reference to a court under section 29, the detained person may advance any argument as to fact or law.
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(4) But on any subsequent reference under section 29 the court need not hear any argument as to fact or law that that court has heard previously.
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(5) A magistrates' court dealing with a reference under section 29 must sit in open court unless it considers that the interests of the administration of justice require it not to do so.
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(6) Any person authorised to do so by the Secretary of State may conduct any proceedings under this Part-
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(a) before a magistrates' court, on behalf of the Secretary of State, although not a barrister or solicitor; or |
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(b) before the sheriff, on behalf of the Secretary of State, although not an advocate or solicitor. |
| Use of live television links at bail hearings. |
35. - (1) On a reference under section 29, the court may, after hearing representations from the parties, direct that the detained person is to be treated as being present in the court if he is able (whether by means of a live television link or otherwise) to see and hear the court and to be seen and heard by it.
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(2) If, after hearing representations from the parties, the court decides not to give a direction, it must give its reasons for refusing.
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(3) The court may not give a direction unless-
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(a) it has been notified by the Secretary of State that facilities are available in the relevant institution which will enable the detained person to see and hear the court and to be seen and heard by it; and |
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(b) the notice has not been withdrawn. |
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(4) "Relevant institution" means the institution in which the detained person will be detained at the time of the bail hearing.
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Bail hearings under other enactments |
| Power to provide for certain bail hearings to be before magistrates. |
36. - (1) The Secretary of State may by rules provide for applications for bail made by persons detained under specified provisions of the Immigration Acts to be heard by magistrates' courts in specified circumstances.
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(2) The rules may, in particular, include provision-
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(a) as to the procedure to be followed in relation to applications to which they relate; |
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(b) as to the places in which hearings may be held. |
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(3) The rules-
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(a) must include provision for securing that an application for bail made by a person who has brought an appeal under any provision of this Act is heard by the appellate authority hearing that appeal rather than by a magistrates' court; and |
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(b) may include provision for transferring applications for bail from magistrates' courts to appellate authorities. |
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(4) The Lord Chancellor's approval is required for any rule made under this section.
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(5) "Specified" means specified in the rules.
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Grants |
| Grants to voluntary organisations. |
37. - (1) The Secretary of State may, with the approval of the Treasury, make grants to any voluntary organisation which provides advice or assistance for detained persons in connection with proceedings under this Part.
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(2) Grants may be made on such terms, and subject to such conditions, as the Secretary of State may determine.
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