Prosecution appeal against a grant of bail by magistrates (Bail (Amendment) Act 1993 s.1)

Section 1(1) of the Bail (Amendment) Act 1993 allows the prosecution to appeal to a Crown Court judge against a magistrates' court's grant of bail to a person charged with an imprisonable offence, provided the prosecution made representations against bail before it was granted (s.1(3)). Oral notice must be given to the court at the conclusion of the proceedings and before the defendant is released (s.1(4)). On receiving oral notice, the magistrates must remand the defendant in custody until the appeal is disposed of (s.1(6)). Written notice must then be served on the court and the defendant within two hours of the end of the proceedings, failing which the appeal is treated as disposed of (s.1(5) and (7)). The Crown Court hearing must begin within 48 hours, excluding weekends and public holidays, from the oral notice (s.1(8)), and proceeds by way of re-hearing.

Why A is wrong: Written notice is due within two hours, and the defendant is remanded in custody, not released, pending the appeal.

Why B is wrong: The appeal lies to a judge of the Crown Court under s.1(1), not to the High Court by case stated.

Why C is wrong: Oral notice must be given at the end of the proceedings and before release; the two-hour period applies to written notice.

Why E is wrong: Section 1(3) requires that the prosecution did make representations against bail before it was granted.