(1) Where a person is apprehended, whether by virtue S. 12(1) amended by of a warrant or otherwise, and brought before a Nos 84/1997 court or bail justice and application is made by or s. 6(1), 68/2009 on behalf of the informant to remand the person in s. 97(Sch. custody the court or bail justice before which he is item 11.11), 70/2010 first brought shall either grant bail for the s. 11(1)(a)–(c). attendance of the person on the day to which he is remanded or shall refuse bail and shall certify on the remand warrant— (a) where bail is granted—consent to the person S. 12(1)(a) amended by being bailed, stating also the amount of any No. 70/2010 surety or sureties to be required, and any s. 11(1)(d). conditions applicable to the release of that person; or (b) where bail is refused—a statement of such refusal and of the grounds for refusal. (1AA) If a court refuses bail to a child, the court must not S. 12(1AA) inserted by remand the child in custody for a period longer No. 1/2016 than 21 clear days. s. 13(1). (1AB) When a child is brought before a court on the S. 12(1AB) inserted by expiry of a period of remand in custody, the court No. 1/2016 must not remand the child in custody for a further s. 13(1). period longer than 21 clear days. (1A) If a bail justice refuses bail to a person referred to S. 12(1A) inserted by in subsection (1), the bail justice must remand the No. 84/1997 person in custody to appear before a court— s. 6(2), substituted by No. 70/2010 (a) on the next working day; or s. 11(2). (b) in the case of a child, if the proper venue of S. 12(1A)(b) substituted by the Children's Court is in a region of the No. 1/2016 State prescribed under the Children, Youth s. 13(2). and Families Act 2005, within 2 working days; or
S. 12(1) amended by Nos 84/1997 s. 6(1), 68/2009 s. 97(Sch. item 11.11), 70/2010 s. 11(1)(a)–(c). (1) Where a person is apprehended, whether by virtue of a warrant or otherwise, and brought before a court or bail justice and application is made by or on behalf of the informant to remand the person in custody the court or bail justice before which he is first brought shall either grant bail for the attendance of the person on the day to which he is remanded or shall refuse bail and shall certify on the remand warrant— S. 12(1)(a) amended by No. 70/2010 s. 11(1)(d). (a) where bail is granted—consent to the person being bailed, stating also the amount of any surety or sureties to be required, and any conditions applicable to the release of that person; or (b) where bail is refused—a statement of such refusal and of the grounds for refusal. S. 12(1AA) inserted by No. 1/2016 s. 13(1). (1AA) If a court refuses bail to a child, the court must not remand the child in custody for a period longer than 21 clear days. S. 12(1AB) inserted by No. 1/2016 s. 13(1). (1AB) When a child is brought before a court on the expiry of a period of remand in custody, the court must not remand the child in custody for a further period longer than 21 clear days. S. 12(1A) inserted by No. 84/1997 s. 6(2), substituted by No. 70/2010 s. 11(2). (1A) If a bail justice refuses bail to a person referred to in subsection (1), the bail justice must remand the person in custody to appear before a court— (a) on the next working day; or S. 12(1A)(b) substituted by No. 1/2016 s. 13(2). (b) in the case of a child, if the proper venue of the Children's Court is in a region of the State prescribed under the Children, Youth and Families Act 2005, within 2 working days; or
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