Must appear before magistrates within 24 hours

[dennilson]

If a person is arrested at 7am Sunday Morning for breaching Court Bail. How can they be placed in front the Magistrates (who sit approximately 10am Monday Morning) within the 24 hours stipulated in the bail Act. Should a special Court be convened, or should they be released because they cannot meet the requirement to appear within the 24hrs. ?

[Golf38]

PACE helps us out a litlle here in that when reckoning the 24 hours no account is taken of a Christmand day, Good Friday, or a Sunday.

[New Judge]

It sure does help.

Most counties have one magistrates' court sitting on Saturday morning. If you are arrested after they finish (which could be as early as 11am) it will be Monday morning at 10am (almost 48 hours) before you are produced.

[dennilson]

Answering Golf 38 So when does the PACE relevant time start if I am arrested at 7am on Sunday Morning, dont forget that Breach of Bail Conditions is a Non Pace issue which states that it is an absolute requirement that you attend before the magistrates within 24hours. The Sunday ruling surely only applies if you are arrested on the Saturday. If I was arrested on Saturday morning at 7am. I would attend that special Court that morning. Are you saying I could be arrested at 1 minute past midnight on Sunday morning and would have to stay in custody until Monday at 10am. I dont think that is what the act says

[Ethel]

That is what the Act says - within 24 hours or at the next available sitting.

As Sunday is discounted for this purpose, the clock would start ticking at one midnight past midnight Monday morning.

10am would be 10 hours later.

s.7 Bail Act 1976


http://www.statutelaw.gov.uk/content.aspx?LegT ype=All+Legislation&title=Bail+Act+1976&search Enacted=0&extentMatchOnly=0&confersPower=0&bla nketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber =1&NavFrom=0&parentActiveTextDocId=1341684&Act iveTextDocId=1341701&filesize=6062

[Golf38]

Beaten to it but as above!

So dependingm on when you are lockedf up you could be spending a good while in the cells.

So don't breach your bail!!