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Immigration and Asylum Bill - continued        House of Lords
PART III, BAIL - continued

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Bail hearings under other enactments
Power to provide for certain bail hearings to be before magistrates.     43. - (1) The Lord Chancellor 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.
      (2) The rules may, in particular, include provision as to the places in which hearings may be held.
      (3) The rules-
    (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
    (b) may include provision for transferring applications for bail from magistrates' courts to appellate authorities.
      (4) Sections 38 to 40 and 41(4) to (7) apply to applications for bail made in accordance with rules under this section as they apply to references under section 36.
      (5) "Specified" means specified in the rules.
Extension of right to apply for bail in deportation cases.     44. - (1) Paragraph 2 of Schedule 3 to the 1971 Act (detention or control pending deportation) is amended as follows.
      (2) In sub-paragraph (1), at the end insert "or he is released on bail".
      (3) In sub-paragraph (3), after "unless" insert "he is released on bail or".
      (4) After sub-paragraph (4) insert-
    "(4A) Paragraphs 22 to 25 of Schedule 2 to this Act apply in relation to a person detained under sub-paragraph (1), (2) or (3) as they apply in relation to a person detained under paragraph 16 of that Schedule."
Grants to voluntary organisations.     45. - (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.
      (2) Grants may be made on such terms, and subject to such conditions, as the Secretary of State may determine.
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