Criminal Justice Act 2007

Amendment of section 28 of Act of 1967.

19.— Section 28 of the Act of 1967 is amended by the substitution of the following subsection for subsection (3):

“(3) (a) An applicant for bail or the prosecutor may appeal to the High Court if dissatisfied with a refusal or grant of the application for bail or, where bail is granted, with any matter relating to the bail.

(b) Where the applicant has been remanded in custody by the District Court and the offence with which the applicant is charged is triable by the Circuit Court, the High Court may transfer the appeal to the judge of the Circuit Court for the circuit in which the prison or place of detention to which the applicant has been remanded is situated.

(c) The judge of the Circuit Court referred to in paragraph (b) shall exercise jurisdiction in respect of the appeal.

(d) An appeal against a decision by the Circuit Court under this section lies to the High Court at the instance of the applicant or prosecutor.”.