Bail Act 2000

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42 Procedure relating to appeal under section 41

(1)

Sections 273 to 275 and subpart 12 of Part 6 of the Criminal Procedure Act 2011 apply to an appeal under section 41 as if the appeal were a first appeal against a decision on a costs order.

(2)

Despite any other enactment or rule of law, on the hearing of the appeal it is not necessary to produce—

(a)

any note or transcript of the evidence adduced to the District Court; or

(b)

any note of the reasons for the decision appealed against; or

(c)

any copy of any note or transcript referred to in paragraph (a) or (b).

(3)

Every decision of the District Court presided over by a District Court Judge on an appeal under section 41 is final.

(4)

No decision appealed against under section 41 is suspended merely because notice of that appeal has been given.

(5)

An appeal under section 41 that is not heard before the date on which the decision appealed against ceases to have any effect—

(a)

lapses on that date; and

(b)

is deemed to have been abandoned.

(6)

If, in the case of an appeal under section 41(2), the defendant does not appear at the hearing of the appeal, the District Court presided over by a District Court Judge may, if it thinks fit, issue a warrant for the arrest of the defendant.

Section 42: replaced, on 1 July 2013, by section 15 of the Bail Amendment Act 2011 (2011 No 82).

Section 42(2)(a): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 42(3): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 42(6): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).