MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964

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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 148



148.(1) Where a person has given notice of appeal to the county court against
the order of a magistrates' court or has applied to a magistrates' court to
state a case for the opinion of the Court of Appeal, then, if he is in
custody, the magistrates' court or any justice of the peace having
jurisdiction in the petty sessions district for which the court acted may
order him to be released on his entering into a recognizance conditioned

(a)if he has given notice of appeal, for his appearance at the hearing of the
appeal;

(b)if he has applied for the statement of a case, for his due appearance
before the magistrates' court after the judgment of the Court of Appeal has
been given, [if and when he is so directed by the Court of Appeal];

(c)and in either case for the due prosecution of the appeal in the same terms
as the recognizance required by section 149(1).

(2) Where the appellant in custody is unable to obtain his release because a
magistrates' court has refused to release him from custody under sub-section
(1) or fixed the amount of the recognizance to be entered by the appellant or
of the recognizance of a surety under section 136 or the amount of any
security to be given under section 137 in lieu of sureties at an excessive
sum, the appellant may apply to the High Court or to a Judge thereof to
release him from custody, or to reduce the amount of the recognizance or
security as the case may be.

(3) Any application under sub-section (2) shall be made in like manner as an
application for bail by a person who has been returned for trial in custody in
respect of an indictable offence and on any such application the High Court or
Judge may order the release of the appellant on such conditions, and fix the
amount of the recognizance or other security at such sum, as the High Court or
Judge thinks fit.

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Northern Irish Legislation

MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 148