Immigration and Asylum Bill

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

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Forfeiture.	45. - (1) If it appears to a court that a mandatory bail condition has been broken, it may-
	(a) by order declare the recognizance to be forfeited; and
	(b) order any person bound by the recognizance (whether as principal or surety) to pay the sum in which he is bound or such part of that sum, if any, as the court thinks fit.
	(2) "Mandatory bail condition" means a condition-
	(a) to which bail granted under section 43 is subject as a result of section 44(3), (4) or (5); and
	(b) in relation to which the court has taken a recognizance under section 44.
	(3) If the court which makes an order under subsection (1) is not a magistrates' court, it must-
	(a) specify a magistrates' court which is, for the purposes of collection, enforcement and remission of the sum forfeited, to be treated as the court which ordered the forfeiture; and
	(b) as soon as practicable give particulars of the recognizance to-
	(i) in England and Wales, the justices' chief executive appointed by the magistrates' court committee whose area includes the petty sessions area, or
	(ii) in Northern Ireland, the clerk of petty sessions for the petty sessions district,
	for which the specified court acts.
	(4) Any sum collected as a result of subsection (3)(a) must be paid to the Lord Chancellor.
	(5) The Lord Chancellor may, with the approval of the Treasury, make regulations as to the times at which and the manner in which accounts for, and payments of, sums collected as a result of subsection (3)(a) must be made and for the keeping and auditing of accounts in relation to such sums.
	(6) If a person fails to comply with any of the conditions of a bail bond taken by a court under section 44, the court may declare the bail to be forfeited.
	(7) Any bail forfeited by a court under subsection (6)-
	(a) must be transmitted to the sheriff court having jurisdiction in the area where the proceedings took place; and
	(b) is to be treated as having been forfeited by that court.
Forfeiture of securities.	46. - (1) If a court is satisfied that a person ("A") by whom, or on whose behalf, security has been given under section 44 has broken a mandatory bail condition, it may order the security to be forfeited unless it appears that A had reasonable cause for breaking the condition.
	(2) The order may provide for the forfeiture to extend to a specified amount which is less than the value of the security.
	(3) An order under subsection (1) takes effect, unless previously revoked, at the end of the period of 21 days beginning with the day on which it is made.
	(4) Any sum forfeited as a result of this section must be paid to the Lord Chancellor.
	(5) Subsection (6) applies if a court which has made an order under subsection (1) is satisfied, on an application made by or on behalf of the person who gave the security, that A did after all have reasonable cause for breaking the condition.
	(6) The court may by order-
	(a) remit the forfeiture; or
	(b) provide for it to extend to a specified amount which is less than the value of the security.
	(7) An application under subsection (5)-
	(a) may be made before or after the order for forfeiture has taken effect; but
	(b) may not be entertained unless the court is satisfied that the Secretary of State was given reasonable notice of the applicant's intention to make the application.
	(8) The Lord Chancellor may, with the approval of the Treasury, make regulations as to the times at which and the manner in which accounts for, and payments of, sums forfeited as a result of this section must be made and for keeping and auditing of accounts in relation to such sums.
	(9) "Mandatory bail condition" means a condition-
	(a) to which bail granted under section 43 is subject as a result of section 44(3), (4) or (5); and
	(b) in relation to which a person has given security under section 44.
Power of arrest.	47. - (1) An immigration officer or constable who has reasonable grounds for believing that a person released on a reference under section 41 has broken or is likely to break any condition on which he was bailed, may arrest him without a warrant.
	(2) Subsection (3) applies if a person other than the person bailed ("a third party")-
	(a) has agreed to act as a surety in relation to a recognizance entered into under section 44; or
	(b) has given security on behalf of the person bailed under that section.
	(3) If an immigration officer or constable is notified in writing by a third party-
	(a) of his belief that a person released on a reference under section 41 is likely to break the condition that he must appear at the time and place required; and
	(b) of the third party's wish, for that reason, to be relieved of his obligations as a surety or to have the security given returned to him,
	the officer or constable may arrest the person released without a warrant.
	(4) Subsection (5) applies if-
	(a) a justice of the peace is, by written information on oath, satisfied that there are reasonable grounds for suspecting that a person liable to be arrested under this section is to be found on any premises;
	(b) in Scotland, the sheriff or a justice of the peace is by evidence on oath so satisfied; or
	(c) in Northern Ireland, a justice of the peace is by written complaint on oath so satisfied.
	(5) The justice of the peace or the sheriff may grant a warrant authorising any immigration officer or constable to enter, if need be by reasonable force, the premises named in the warrant for the purpose of searching for and arresting the person concerned.
	(6) A person arrested under this section must, if required by a condition on which he was released to appear before an immigration officer within 24 hours after his arrest, be brought before an immigration officer within that period.
	(7) A person arrested under this section must, if he was released under section 43 by the Commission, be brought before it within twenty-four hours after his arrest.
	(8) Subsection (9) applies if a person has been arrested under this section and-
	(a) neither subsection (6) nor subsection (7) applies to him; or
	(b) he has been brought before an immigration officer under subsection (6) but has not been released.
	(9) The arrested person must be brought before-
	(a) a justice of the peace acting for the petty sessions area in which he was arrested;
	(b) in Scotland, an adjudicator or, if that is not practicable within 24 hours after his arrest, the sheriff; or
	(c) in Northern Ireland, a magistrates' court acting for the county court division in which he was arrested.
	(10) If subsection (9) applies, the arrested person must be brought before the person or court concerned-
	(a) as soon as is practicable after his arrest; and
	(b) if subsection (9)(a) or (c) applies, in any event within 24 hours after his arrest.
	(11) Subsections (12) and (13) apply in relation to an arrested person dealt with under subsection (7) or (9).
	(12) The court or person dealing with the matter may, if of the opinion that the arrested person has broken or is likely to break any condition on which he was released-
	(a) give a direction that the arrested person be detained under the authority of the person by whom he was arrested;
	(b) release him on his original bail; or
	(c) release him on a new recognizance (with or without sureties) or on new bail.
	(13) If not of that opinion, that court or person must release the arrested person on his original bail.
	(14) In reckoning any period of 24 hours for the purposes of this section, no account is to be taken of Christmas Day, Good Friday or any Sunday.
	Procedure
Procedure.	48. - (1) Any rules made in connection with bail hearings resulting from any provision of, or made under, this Part must include provision requiring the Secretary of State to notify-
	(a) the detained person who is the subject of the hearing of a reference under section 41, and
	(b) if the Secretary of State is aware that that person will be represented at the hearing (whether or not by an authorised advocate), the person who will be representing him at the hearing,
	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.
	(2) If a person has been refused bail-
	(a) on a reference under section 41, or
	(b) on an application under the 1971 Act, the Asylum and Immigration Appeals Act 1993 or the Special Immigration Appeals Commission Act 1997,
	he may, on the first subsequent such reference or application, advance any argument as to fact or law.
	(3) But on any subsequent such reference or application the court need not hear any argument as to fact or law that that court has heard previously.
	(4) A magistrates' court dealing with a reference under section 41 must sit in open court unless-
	(a) the detained person has made a claim for asylum and the court considers that there are compelling reasons why it should sit in private; or
	(b) the court considers that the interests of the administration of justice require it to sit in private.
	(5) Any proceedings before a magistrates' court or the sheriff under this Part may be conducted-
	(a) on behalf of the Secretary of State, by a person authorised by him, or
	(b) on behalf of the detained person, by a person nominated by him,
	even though that person is not an authorised advocate.
	(6) "Authorised advocate"-
	(a) in relation to England and Wales, has the meaning given by section 119 of the Courts and Legal Services Act 1990;
	(b) in relation to Scotland, means an advocate or solicitor;
	(c) in relation to Northern Ireland, means a barrister or solicitor.
	(7) "Rules" means rules made by the Lord Chancellor under section 144 of the Magistrates' Courts Act 1980 or under any corresponding provision having effect in Northern Ireland.
Use of live television links at bail hearings.	49. - (1) On a reference under section 41, 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.
	(2) If the detained person wishes to make representations under subsection (1) he must do so by using the facilities that will be used if the court decides to give the proposed direction.
	(3) If, after hearing representations from the parties, the court decides not to give a direction, it must give its reasons for refusing.
	(4) The court may not give a direction unless-
	(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
	(b) the notice has not been withdrawn.
	(5) "Relevant institution" means the institution in which the detained person will be detained at the time of the bail hearing.

Prepared 22 October 1999