Внутреннее перемещение вследствие конфликта в Украине: повышенная незащищенность пострадавшего населения и факторы напряженности в общинах
In this Act “bail in criminal proceedings” means—
bail grantable in or in connection with proceedings for an offence to a person who is accused or convicted of the offence, or
bail grantable in connection with an offence to a person who is under arrest for the offence or for whose arrest for the offence a warrant (endorsed for bail) is being issued., or
bail grantable in connection with extradition proceedings in respect of an offence.
In this Act “ bail” means bail grantable under the law (including common law) for the time being in force.
Except as provided by section 13(3) of this Act, this section does not apply to bail in or in connection with proceedings outside England and Wales.
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This section applies—
Whether the offence was committed in England or Wales or elsewhere, and
whether it is an offence under the law of England and Wales, or of any other country or territory.
Bail in criminal proceedings shall be granted (and in particular shall be granted unconditionally or conditionally) in accordance with this Act.
In this Act, unless the context otherwise requires, “conviction” includes— and “convicted” shall be construed accordingly.
a finding of guilt,
a finding that a person is not guilty by reason of insanity,
a finding under section 11(1) of the Powers of Criminal Courts (Sentencing) Act 2000(remand for medical examination) that the person in question did the act or made the omission charged, and
a conviction of an offence for which an order is made ... discharging the offender absolutely or conditionally,
In this Act, unless the context otherwise requires—
" surrender to custody " means, in relation to a person released on bail, surrendering himself into the custody of the court or of the constable (according to the requirements of the grant of bail) at the time and place for the time being appointed for him to do so,
Section 4.
Where the offence or one of the offences of which the defendant is accused or convicted in the proceedings is punishable with imprisonment the following provisions of this Part of this Schedule apply.
Subject to sub-paragraph (2),and paragraph 1A the following provisions of this Part of this Schedule apply to the defendant if— But those provisions do not apply by virtue of sub-paragraph (1)(a) if the offence, or each of the offences punishable with imprisonment, is—
The paragraphs of this Part of this Schedule mentioned in sub-paragraph (2) do not apply in relation to bail in non-extradition proceedings where— The paragraphs are—
The defendant need not be granted bail if the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not) would—
fail to surrender to custody, or
commit an offence while on bail, or
interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person.
The defendant need not be granted bail if the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not) would— Where the defendant falls within paragraph 6B, this paragraph does not apply unless—
The defendant need not be granted bail if the court is satisfied that the defendant should be kept in custody for his own protection or, if he is a child or young person, for his own welfare.
The defendant need not be granted bail if the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not), would commit an offence while on bail by engaging in conduct that would, or would be likely to, cause— In sub-paragraph (1) “associated person” means a person who is associated with the defendant within the meaning of section 62 of the Family Law Act 1996.
The defendant need not be granted bail if he is in custody in pursuance of the sentence of a court or of any authority acting under any of the Services Acts.
The defendant need not be granted bail if—
the offence is an indictable offence or an offence triable either way, and
it appears to the court that the defendant was on bail in criminal proceedings on the date of the offence.
The defendant need not be granted bail where the court is satisfied that it has not been practicable to obtain sufficient information for the purpose of taking the decisions required by this Part of this Schedule for want of time since the institution of the proceedings against him.
The defendant need not be granted bail in connection with extradition proceedings if—
the conduct constituting the offence would, if carried out by the defendant in England and Wales, constitute an indictable offence or an offence triable either way; and
it appears to the court that the defendant was on bail on the date of the offence.
The defendant need not be granted bail if, having been released on bail in or in connection with the proceedings for the offence, he has been arrested in pursuance of section 7 of this Act.
The defendant need not be granted bail if the court is satisfied that the defendant should be kept in custody for his own protection or, if he is a child or young person, for his own welfare.
The defendant need not be granted bail if he is in custody in pursuance of a sentence of a court or a sentence imposed by an officer under the Armed Forces Act 2006.
The defendant need not be granted bail where the court is satisfied that it has not been practicable to obtain sufficient information for the purpose of taking the decisions required by this Part of this Schedule for want of time since the institution of the proceedings against him.
The defendant need not be granted bail if, having previously been released on bail in, or in connection with, the proceedings, the defendant has been arrested in pursuance of section 7.
If the defendant is charged with murder, the defendant may not be granted bail unless the court is of the opinion that there is no significant risk of the defendant committing, while on bail, an offence that would, or would be likely to, cause physical or mental injury to any person other than the defendant.
Where his case is adjourned for inquiries or a report, the defendant need not be granted bail if it appears to the court that it would be impracticable to complete the inquiries or make the report without keeping the defendant in custody.
Where his case is adjourned for inquiries or a report, the defendant need not be granted bail if it appears to the court that it would be impracticable to complete the inquiries or make the report without keeping the defendant in custody.
Subject to paragraph 6C below, a defendant who falls within paragraph 6B below may not be granted bail unless the court is of the opinion that there is no significant risk of his committing an offence while on bail (whether subject to conditions or not).
Subject to sub-paragraph (3) below, where the defendant is granted bail, no conditions shall be imposed under subsections (4) to (7) of section 3 of this Act unless it appears to the court that it is necessary to do so for the purpose of preventing the occurrence of any of the events mentioned in paragraph 2 of this Part of this Schedule or, in the case of a condition under subsection (6)(d) of that section, that it is necessary to impose it to enable inquiries or a report to be made into the defendant's physical or mental condition. Sub-paragraph (1) above also applies on any application to the court to vary the conditions of bail or to impose conditions in respect of bail which has been granted unconditionally. The restriction imposed by sub-paragraph (1) above shall not operate to override the direction in section 26(3) of the Magistrates' Courts Act 1952 to a magistrates' court to impose conditions of bail under section 3(6)(d) of this Act of the description specified in the said section 26(3) in the circumstances so specified.
Subject to sub-paragraph (3) below, where the defendant is granted bail, no conditions shall be imposed under subsections (4) to (6B) or (7) (except subsection (6)(d) or (e))of section 3 of this Act unless it appears to the court that it is necessary to do so— No condition shall be imposed under section 3(6)(d) of this Act unless it appears to be necessary to do so for the purpose of enabling inquiries or a report to be made. Sub-paragraphs (1) and (1A) above also apply on any application to the court to vary the conditions of bail or to impose conditions in respect of bail which has been granted unconditionally. The restriction imposed by sub-paragraph (1A) above shall not apply to the conditions required to be imposed under section 3(6A) of this Act or operate to override the direction in section 11(3) of the Powers of Criminal Courts (Sentencing) Act 2000 to a magistrates’ court to impose conditions of bail under section 3(6)(d) of this Act of the description specified in the said section 11(3) in the circumstances so specified.
A defendant falls within this paragraph if— The condition referred to is that after the taking and analysis of the sample— In this paragraph and paragraph 6C below—
In taking the decisions required by paragraph 2 of this Part of this Schedule, the court shall have regard to such of the following considerations as appear to it to be relevant, that is to say— as well as to any others which appear to be relevant.
the nature and seriousness of the offence or default (and the probable method of dealing with the defendant for it),
the character, antecedents, associations and community ties of the defendant,
the defendant's record as respects the fulfilment of his obligations under previous grants of bail in criminal proceedings,
except in the case of a defendant whose case is adjourned for inquiries or a report, the strength of the evidence of his having committed the offence or having defaulted,
In taking the decisions required by paragraph 2(1), or in deciding whether it is satisfied as mentioned in paragraph 2ZA(1), or of the opinion mentioned in paragraph 6ZA or 6A of this Part of this Schedule, the court shall have regard to such of the following considerations as appear to it to be relevant, that is to say— as well as to any others which appear to be relevant.
the nature and seriousness of the offence or default (and the probable method of dealing with the defendant for it),
the character, antecedents, associations and community ties of the defendant,
the fact (where it is the case) that the defendant—
is pregnant,
is the primary carer for another person, or
has been the victim of an offence which involved behaviour by the offender amounting to domestic abuse within the meaning given by section 1 of the Domestic Abuse Act 2021,
the defendant’s record as respects the fulfilment of his obligations under previous grants of bail in criminal proceedings,
except in the case of a defendant whose case is adjourned for inquiries or a report, the strength of the evidence of his having committed the offence or having defaulted,
if the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not), would commit an offence while on bail, the risk that the defendant may do so by engaging in conduct that would, or would be likely to, cause physical or mental injury to any person other than the defendant,
This paragraph applies if— In deciding for the purposes of paragraph 2(1) of this Part of this Schedule whether it is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not), would commit an offence while on bail, the court shall give particular weight to the fact that the defendant was on bail in criminal proceedings on the date of the offence.
Subject to sub-paragraph (2) below, this paragraph applies if— Where it appears to the court that the defendant had reasonable cause for his failure to surrender to custody, this paragraph does not apply unless it also appears to the court that he failed to surrender to custody at the appointed place as soon as reasonably practicable after the appointed time. In deciding for the purposes of paragraph 2(1) of this Part of this Schedule whether it is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not), would fail to surrender to custody, the court shall give particular weight to— For the purposes of this paragraph, a failure to give to the defendant a copy of the record of the decision to grant him bail shall not constitute a reasonable cause for his failure to surrender to custody.
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Paragraph 6A above does not apply unless—
the court has been notified by the Secretary of State that arrangements for conducting a relevant assessment or, as the case may be, providing relevant follow-up have been made for the local justice area in which it appears to the court that the defendant would reside if granted bail; and
the notice has not been withdrawn.
Where the court is considering exercising the power conferred by section 128A of the Magistrates’ Courts Act 1980 (power to remand in custody for more than 8 clear days), it shall have regard to the total length of time which the accused would spend in custody if it were to exercise the power.
Where the offence or every offence of which the defendant is accused or convicted in the proceedings is one which is not punishable with imprisonment the following provisions of this Part of this Schedule apply.
The defendant need not be granted bail if—
it appears to the court that, having been previously granted bail in criminal proceedings, he has failed to surrender to custody in accordance with his obligations under the grant of bail; and
the defendant—
is a child or young person, or
has been convicted in the proceedings of an offence;
the court believes, in view of that failure, that the defendant, if released on bail (whether subject to conditions or not) would fail to surrender to custody.
The defendant need not be granted bail if the court is satisfied that the defendant should be kept in custody for his own protection or, if he is a child or young person, for his own welfare.
The defendant need not be granted bail if he is in custody in pursuance of a sentence of a court or a sentence imposed by an officer under the Armed Forces Act 2006.
The defendant need not be granted bail if—
the defendant—
is a child or young person, or
has been convicted in the proceedings of an offence;
having been released on bail in or in connection with the proceedings for the offence, he has been arrested in pursuance of section 7 of this Act; and
the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not) would fail to surrender to custody, commit an offence on bail or interfere with witnesses or otherwise obstruct the course of justice (whether in relation to himself or any other person).
The defendant need not be granted bail if— In sub-paragraph (1) “associated person” means a person who is associated with the defendant within the meaning of section 62 of the Family Law Act 1996.
Subject to paragraph 1A, the following provisions of this Part apply to the defendant if— the offence or one of the offences of which he is accused or convicted is punishable with imprisonment, but Part 1 does not apply to him by virtue of paragraph 1(2) of that Part.
The paragraphs of this Part of this Schedule mentioned in sub-paragraph (2) do not apply in relation to bail in, or in connection with, proceedings where— The paragraphs are—
The defendant need not be granted bail if—
it appears to the court that, having been previously granted bail in criminal proceedings, he has failed to surrender to custody in accordance with his obligations under the grant of bail; and
the court believes, in view of that failure, that the defendant, if released on bail (whether subject to conditions or not) would fail to surrender to custody.
The defendant need not be granted bail if—
it appears to the court that the defendant was on bail in criminal proceedings on the date of the offence; and
the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not) would commit an offence while on bail.
The defendant need not be granted bail if the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not), would commit an offence while on bail by engaging in conduct that would, or would be likely to, cause— In sub-paragraph (1) “associated person” means a person who is associated with the defendant within the meaning of section 62 of the Family Law Act 1996.
The defendant need not be granted bail if the court is satisfied that the defendant should be kept in custody for his own protection or, if he is a child or young person, for his own welfare.
The defendant need not be granted bail if he is in custody in pursuance of a sentence of a court or a sentence imposed by an officer under the Armed Forces Act 2006.
The defendant need not be granted bail if —
having been released on bail in or in connection with the proceedings for the offence, he has been arrested in pursuance of section 7 of this Act; and
the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not) would fail to surrender to custody, commit an offence while on bail or interfere with witnesses or otherwise obstruct the course of justice (whether in relation to himself or any other person).
The defendant need not be granted bail where the court is satisfied that it has not been practicable to obtain sufficient information for the purpose of taking the decisions required by this Part of this Schedule for want of time since the institution of the proceedings against him.
Paragraphs 6A to 6C of Part 1 (exception applicable to drug users in certain areas and related provisions) apply to a defendant to whom this Part applies as they apply to a defendant to whom that Part applies.
For the purposes of this Schedule the question whether an offence is one which is punishable with imprisonment shall be determined without regard to any enactment prohibiting or restricting the imprisonment of young offenders or first offenders.
References in this Schedule to previous grants of bail include—
bail granted before the coming into force of this Act;
as respects the reference in paragraph 2A of Part 1 of this Schedule (as substituted by paragraph 16 of Schedule 11 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012), bail granted before the coming into force of that paragraph;
as respects the references in paragraph 6 of Part 1 of this Schedule (as substituted by paragraph 17 of Schedule 11 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012), bail granted before the coming into force of that paragraph;
as respects the references in paragraph 9AA of Part 1 of this Schedule, bail granted before the coming into force of that paragraph;
as respects the references in paragraph 9AB of Part 1 of this Schedule, bail granted before the coming into force of that paragraph;
as respects the reference in paragraph 5 of Part 2 of this Schedule (as substituted by section 13(4) of the Criminal Justice Act 2003), bail granted before the coming into force of that paragraph;
as respects the reference in paragraph 6 of Part 2 of this Schedule, bail granted before the coming into force of that paragraph.
References in this Schedule to a defendant’s being kept in custody or being in custody include (where the defendant is a child or young person) references to his being kept or being in accommodation pursuant to a remand under section 91(3) or (4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands to local authority accommodation or youth detention accommodation).
In this Schedule—
“default”, in relation to the defendant, means the default for which he is to be dealt with under Part 2 of Schedule 10 to the Sentencing Code (breach of requirement of order);
“court”, in the expression “sentence of a court”, includes a service court as defined in section 12(1) of the Visiting Forces Act 1952 and “sentence”, in that expression, shall be construed in accordance with that definition;
" default ", in relation to the defendant, means the default for which he is to be dealt with under section 6 or section 16 of the Powers of Criminal Courts Act 1973 ;
" the Services Acts " means the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957.
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If the court decides not to grant the defendant bail, it is the court’s duty to consider, at each subsequent hearing while the defendant is a person to whom section 4 above applies and remains in custody, whether he ought to be granted bail.
At the first hearing after that at which the court decided not to grant the defendant bail he may support an application for bail with any argument as to fact or law that he desires (whether or not he has advanced that argument previously).
At subsequent hearings the court need not hear arguments as to fact or law which it has heard previously.
Section 12.
In section 2 of the Habeas Corpus Act 1679 (bail for ersons released from custody under habeas corpus while awaiting trial) for the words from “discharge the said prisoner” to “his ot their appearance in” there shall be substituted the words “grant bail in accordance with the Bail Act 1976 to the said prisoner subject to a duty to appear before” and for the words “and the said recognizance or recognizances” there shall be substituted the words “together with the recognizance of any surety for him”.
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In section 10 of the Criminal Law Amendment Act 1867 (production from prison without habeas corpus where recognizances for appearance have been taken) for the words from the beginning to “such court” there shall be substituted the words “Where a person who has been granted bail in criminal proceedings is, while awaiting for trial for the offence before the Crown Court, in prison”.
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In section 19 of the Criminal Justice Administration Act 1914 (continuous bail otherwise than in proceedings in magistrates’ courts), for the words “the recognizance may be conditioned” there shall be substituted the words “the court may, where it remands him on bail in criminal proceedings (within the meaning of the Bail Act 1976) direct him to appear or, in any other case, direct that his recognizance be conditioned”.
In section 5(5)(c) of the Indictment Act 1915 (bail where seperate trial or postponed trial ordered) for the words “admitting the accused person to bail” there shall be substituted the words “granting the accused person bail”.
In section 13(2) of the Children and Young Persons Act 1933 (police bail for person arrested for serious offence against juvenile) for the words from “on his entering” to the end there shall be substituted the words “on bail in accordance with the Bail Act 1976 subject to a duty to appear at the hearing of the charge”.
In section 1(2) of the Public Order Act 1936 (right to release on bail in certain circumstances of persons charged with wearing uniforms in public) for the words “dischrged from custody on entering into a recognizance” there shall be substituted the words “realesed on bail”.
Section 37 of the Criminal Justice Act 1948 (powers of High Court to grant bail on appeals against and other proceedings questioning convictions or sentences) shall be amended as follows. In subsection (1), in paragraph (b), for the words “release on bail” there shall be substituted the words “grant bail to”. In subsection (1), for paragraph (d), there shall be substituted the following.. After subsection (1) there shall be inserted the following subsection— In subsection (6), for the words “admitted to” wherever occurring there shall be substituted the words “released on”.
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In section 7(3) of the Act of 1952 (bail after committal for trial), for the words from " release " to the end, there shall be substituted the words " grant him bail in accordance with the Bail Act 1976 subject to a duty to appear before the Crown Court for trial. "
In section 8 of the Act of 1952 (bail in treason) for the words " admitted to " there shall be substituted the word " granted ".
In section 26 of the Act of 1952 (remand for medical examination), for subsection (3) there shall be substituted the following—.
In section 38(1) of the Act of 1952 (bail on arrest without warrant), for the words from " release " to the end there shall be substituted the words " grant him bail in accordance with the Bail Act 1976 subject to a duty to appear before a magistrates' court at such time and place as the officer appoints ".
After section 38(1) of the Act of 1952 there shall be inserted the following subsection—
In section 38(2) of the Act of 1952, for the words from " release " to " recognizance " in the second place where it occurs, there shall be substituted the words " grant him bail in accordance with the Bail Act 1976 subject to a duty to appear at such a police station and at such a time as the officer appoints " and for the words " any such recognizance " there shall be substituted the words " the recognizance of any surety for that person ".
Section 38(3) of the Act of 1952 (recognizance by parent or guardian on release of child or young person on bail) shall be omitted.
In section 89(1) of the Act of 1952 (terms of bail on appeal or case stated)—
for the words from " release " to " conditioned " there shall be substituted the words " grant him bail. "; and
for paragraphs (a) and (b) there shall be substituted the following subsection—
In section 89(3) of the Act of 1952 (computation of sentence where bail granted pending hearing of case stated), for the words "admitted to" wherever occurring there shall be substituted the words " released on ".
For section 93 of the Act of 1952 (warrants endorsed for bail), there shall be substituted the following—.
Provided that this section does not apply in relation to a person granted bail in criminal proceedings
In section 105 of the Act of 1952 (exercise of powers to remand in custody or on bail), for subsection (1) there shall be substituted the following—.
In section 105 of the Act of 1952, for subsection (3) there shall be substituted the following—.
Section 106 of the Act of 1952 (further remands) shall be amended as follows. In subsection (2), for the words after " further time " there shall be substituted the words— For subsection (3), there shall be substituted the following subsection— At the end of the section there shall be added the following subsection—.
In section 126(1) of the Act of 1952 (definitions), there shall be inserted at the appropriate place the following definition—.
In section 4(2) of the Administration of Justice Act 1960 (power to grant bail in appeals from Divisional Courts), after the words “in relation to” there shall be inserted the words “the time and the placeof appearance appointed and” and, after the words “entered into”, there shall be inserted the words “by any surety”.
In section 6(1) of the Administration of Justice Act 1960 (computation of sentence where bail granted in appeals to House of Lords) for the words “admitted to” there shall be susbtituted the words “granted” and for the words “at large after being so admitted” there shall be substituted the words “released on bail”.
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Section 18 of the Criminal Justice Act 1967 (restrictions on refusal of bail by magistrates’ courts in criminal proceedings) shall be omitted.
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Section 21 of the Criminal Justice Act 1967 (power to impose special conditions of bail) shall be omitted.
Section 22 of the Criminal Justice Act 1967 (extension of power of High Court to grant, or vary conditions of, bail) shall be amended as follows. For subsections (1) and (2) there shall be substituted the following— In subsection (3) for the words “admitted to” wherever occurring there shall be substituted the word “granted”. At the end of subsection (4) there shall be added the words “and “bail in criminal proceedings” and “vary”have the same meaning as they have in the Bail Act 1976.”
In section 8(2) and (3) of the Criminal Appeal Act 1968 (bail etc on retrial), in paragraph (a), for the words “admission to” there shall be substituted the words “released on”.
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In section 29(3) of the Criminal Appeal Act 1968 (computation of sentence where bail granted by Court of Appeal) for the words " admitted to " there shall be substituted the word " granted " and for the words "at large after being so admitted" there shall be substituted the words " released on bail ".
In section 31(2) of the Criminal Appeal Act 1968 (powers of Court of Appeal exercisable by single judge), for paragraph (e), there shall be substituted the following—.
In section 36 of the Criminal Appeal Act 1968 (bail on appeal from Court of Appeal) for the words “admit him to” there shall be substituted the words “grant him”.
In section 43(1) of the Criminal Appeal Act 1968 (computation of sentence where bail granted on appeal to House of Lords) for the words “admitted to” there shall be substituted the word “granted” and for the words “at large after being so admitted” there shall be substituted the words “released on bail”.
In Schedule 2 to the Criminal Appeal Act 1968 (provisions about retrial) in paragraph 2(3)(b) for the words “at large after being admitted to bail” there shall be substituted the words “released on bail”.
In section 45(2) of the Courts-Martial (Appeals) Act 1968 (computation of sentence where bail granted on appeal to House of Lords) for the words “admitted to” there shall be substituted the word “granted” and for the words “at large after being so admitted” there shall be substituted the words “released on bail”.
In section 29 of the Children and Young Perons Act 1969 (release or further detention of arrested child or young person), for subsection (2), there shall be substituted the following—and subsection (6) shall be omitted.
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Section 12. Chapter Short Title Extent of Repeal 31 Chas. 2. c. 2. The Habeas Corpus Act 1679 In section 5, the words “by recognizance”. 32 Geo. 3. c. 56. The Servants’ Characters Act 1792 In section 6, the words “and enter into recognizance”. 2 & 3 Vict. c. 47. The Metropolitan Police Act 1839 In section 69, the words from “to take bail” to the end. 2 & 3 Vict. c. 71. The Metropolitan Police Courts Act 1839 Section 36. 52 & 53 Vict. c. 63. The Interpretation Act 1889. In section 27, the words from “and shall include” to the end. 11 & 12 Geo. 6. c. 58. The Criminal Justice Act 1948. In section 37, subsections (2) and (3) and, in subsection (4), paragraph (a). 15 & 16 Geo 6. & 1 Eliz. 2. c. 55. The Magistrates’ Courts Act 1952. In section 16(2), the words “to enter into a recognizance or”. In section 26, subsection (4). Section 38(3). Section 97. 8 & 9 Eliz. 2. c. 65. The Administration of Justice Act 1960. In section 4(3), the words “the applicant or”. 1965 c. 45. The Backing of Warrants (Republic of Ireland) Act 1965. In section 5(4) the words “in breach of a recognizance takem from him under this section” and “without prejudice to the enforcement of the recognizance”. 1967 c. 80. The Criminal Justice Act 1967. Sections 18 and 21. In section 22(3), the reference to subsection (3) of section 37 of the Criminal Justice Act 1948. Section 23. 1969 c. 54. The Children and Young Persons Act 1969. In section 29, subsection (6). 1971 c. 23. The Courts Act 1971. In section 13, subsection (3). 1972 c. 71. The Criminal Justice Act 1972. Section 43.
Section 12.
Without prejudice to section 38(2) of the Interpretation Act 1889 (effect of repeals), nothing in the amendments or repeals effected by section 12 of and Schedules 2 and 3 to this Act shall affect the application of the enactments amended or repealed thereby in relation to recognizances entered into or security given by persons granted bail before the appointed day and the recognizances of any sureties for them. Nothing in those amendments or repeals shall, in particular, affect the doing of any of the following things after the appointed day, that is to say— and no application shall be made under section 3(8) of this Act for the variation of conditions of bail so granted or for the imposition of conditions in respect of bail so granted.
Where, before the appointed day, a court has— the recognizance may be entered into and taken after the appointed day in accordance with the direction and paragraph 1 above shall apply to such a recognizance as it applies to a recognizance entered into before the appointed day.
given a direction that the recognizance of a person to whom it has granted bail may be entered into before another court or any person, or
endorsed a warrant for the arrest of a person with a direction that he be released on his entering into such a recognizance as is specified in the endorsement,
Where a person has been granted bail before the appointed day and his recognizance (and that of any surety for him) is conditioned for his appearance before a court from time to time, then, on his first appearance before a court after the appointed day—
the recognizance of that person shall be discharged; and
the recognizance of any surety for him shall, as directed by the court, either be discharged or continue in force.
In this Schedule “the appointed day” means the day appointed under section 13(2) of this Act for it to come into force.
" coroners' rules " means rules made under any provision of the Coroners (Amendment) Act 1926,
“prosecutor”, in relation to extradition proceedings, means the person acting on behalf of the territory to which extradition is sought;
" court " includes a judge of a court, a justice of the peace or a coroner and, in the case of a specified court, includes a judge or (as the case may be) justice having powers to act in connection with proceedings before that court,
“offence” includes an alleged offence,
" Courts-Martial Appeal rules " means rules made under section 49 of the Courts-Martial (Appeals) Act 1968,
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“surrender to custody” means, in relation to a person released on bail, surrendering himself into the custody of the court or of the constable (according to the requirements of the grant of bail) at the time and place for the time being appointed for him to do so,
“probation hostel” means premises for the accommodation of persons who may be required to reside there by a community order under Chapter 2 of Part 9 of the Sentencing Code,
Where an enactment (whenever passed) which relates to bail in criminal proceedings refers to the person bailed appearing before a court it is to be construed unless the context otherwise requires as referring to his surrendering himself into the custody of the court.
Any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied, by or under any other enactment, including this Act.
A person granted bail in criminal proceedings shall be under a duty to surrender to custody, and that duty is enforceable in accordance with section 6 of this Act.
No recognizance for his surrender to custody shall be taken from him.
Except as provided by this section—
no security for his surrender to custody shall be taken from him,
he shall not be required to provide a surety or sureties for his surrender to custody, and
no other requirement shall be imposed on him as a condition of bail.
He may be required, before release on bail, to provide a surety or sureties to secure his surrender to custody.
. . .he may be required, before release on bail, to give security for his surrender to custody. The security may be given by him or on his behalf.
He may be required ... to comply, before release on bail or later, with such requirements as appear to the court to be necessary ...— and, in any Act, “the normal powers to impose conditions of bail” means the powers to impose conditions under paragraph (a), (b) , (c) or (ca) above
to secure that he surrenders to custody,
to secure that he does not commit an offence while on bail,
to secure that he does not interfere with witnesses or otherwise obstruct the course of justice whether in relation to himself or any other person,
to secure that he makes himself available for the purpose of enabling inquiries or a report to be made to assist the court in dealing with him for the offence.
for his own protection or, if he is a child or young person, for his own welfare or in his own interests,
to secure that before the time appointed for him to surrender to custody, he attends an interview with a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act);
If a parent or guardian of a person under the age of seventeen consents to be surety for the person for the purposes of this subsection, the parent or guardian may be required to secure that the person complies with any requirement imposed on him by virtue of subsection (6) , (6ZAA) or (6A) above, but—
no requirement shall be imposed on the parent or the guardian ... by virtue of this subsection where it appears that the ... person will attain the age of seventeen before the time to be appointed for him to surrender to custody; and
the parent or guardian shall not be required to secure compliance with any requirement to which his consent does not extend and shall not, in respect of those requirements to which his consent does extend, be bound in a sum greater than £50.
The requirements which may be imposed under subsection (6) include electronic monitoring requirements. The imposition of electronic monitoring requirements is subject to section 3AA (in the case of a child or young person granted bail in criminal proceedings of the kind mentioned in section 1(1)(a) or (b)), section 3AAA (in the case of a child or young person granted bail in connection with extradition proceedings) , section 3AAB (in the case of certain adults granted bail where there is a real prospect of a suspended sentence), section 3AB (in the case of other persons) and section 3AC (in all cases).
Where a court has granted bail in criminal proceedings that court or, where that court has sent a person on bail to the Crown Court for trial or committed him on bail to the Crown Court to be sentenced or otherwise dealt with, that court or the Crown Court may on application— vary the conditions of bail or impose conditions in respect of bail which has been granted unconditionally.
by or on behalf of the person to whom bail was granted, or
by the prosecutor or a constable,
In this section and sections 3AA to 3AC “electronic monitoring requirements” means requirements imposed for the purpose of securing the electronic monitoring of a person's compliance with any other requirement imposed on him as a condition of bail.
This section is subject to subsection (3) of section 11 of the Powers of Criminal Courts (Sentencing) Act 2000 (conditions of bail on remand for medical examination).
Where he is required under subsection (6) above to reside in a bail hostel or probation hostel, he may also be required to comply with the rules of the hostel.
In the case of a person accused of murder the court granting bail shall, unless it considers that satisfactory reports on his mental condition have already been obtained, impose as conditions of bail—
a requirement that the accused shall undergo examination by two medical practitioners for the purpose of enabling such reports to be prepared; and
a requirement that he shall for that purpose attend such an institution or place as the court directs and comply with any other directions which may be given to him for that purpose by either of those practitioners.
Of the medical practitioners referred to in subsection (6A) above at least one shall be a practitioner approved for the purposes of section 12 of the Mental Health Act 1983.
Subsection (6D) below applies where—
the court has been notified by the Secretary of State that arrangements for conducting a relevant assessment or, as the case may be, providing relevant follow-up have been made for the local justice area in which it appears to the court that the person referred to in subsection (6D) would reside if granted bail; and
the notice has not been withdrawn.
In the case of a person (“P”)— the court, if it grants bail, shall impose as a condition of bail that P both undergo the relevant assessment and participate in any relevant follow-up proposed to him or, if a relevant assessment has been carried out, that P participate in the relevant follow-up.
in relation to whom paragraphs (a) to (c) of paragraph 6B(1) of Part 1 of Schedule 1 to this Act apply (including where P is a person to whom the provisions of Part 1A of Schedule 1 apply);
who, after analysis of the sample referred to in paragraph (b) of that paragraph, has been offered a relevant assessment or, if a relevant assessment has been carried out, has had relevant follow-up proposed to him; and
who has agreed to undergo the relevant assessment or, as the case may be, to participate in the relevant follow-up,
In subsections (6C) and (6D) above— and in paragraph (a) above “Class A drug” and “misuse” have the same meaning as in the Misuse of Drugs Act 1971, and “specified” (in relation to a Class A drug) has the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000.
“relevant assessment” means an assessment conducted by a suitably qualified person of whether P is dependent upon or has a propensity to misuse any specified Class A drugs;
“relevant follow-up” means, in a case where the person who conducted the relevant assessment believes P to have such a dependency or propensity, such further assessment, and such assistance or treatment (or both) in connection with the dependency or propensity, as the person who conducted the relevant assessment (or conducts any later assessment) considers to be appropriate in P’s case,
In subsection (6E)(a) above, “suitably qualified person” means a person who has such qualifications or experience as are from time to time specified by the Secretary of State for the purposes of this subsection.
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This section is subject, in its application to bail granted by a constable, to section 3A of this Act.
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A court may not impose electronic monitoring requirements on a child or young person released on bail in criminal proceedings of the kind mentioned in section 1(1)(a) or (b) unless each of the following conditions is met.
The first condition is that the child or young person has attained the age of twelve years.
The second condition is that—
the child or young person is charged with or has been convicted of a violent , sexual or terrorism offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or
he is charged with or has been convicted of one or more imprisonable offences which, together with any other imprisonable offences of which he has been convicted in any proceedings— to a recent history of repeatedly committing imprisonable offences while remanded on bail or subject to a custodial remand.
amount, or
would, if he were convicted of the offences with which he is charged, amount,
The third condition is that the court is satisfied that the necessary provision for dealing with the person concerned can be made under arrangements for the electronic monitoring of persons released on bail that are currently available in each local justice area which is a relevant area.
The fourth condition is that a youth offending team has informed the court that in its opinion the imposition of electronic monitoring requirements will be suitable in the case of the child or young person.
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The references in subsection (3)(b) to an imprisonable offence include a reference to an offence—
of which the child or young person has been convicted outside England and Wales, and
which is equivalent to an offence that is punishable with imprisonment in England and Wales.
The reference in subsection (3)(b) to a child or young person being subject to a custodial remand is to the child or young person being—
remanded to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,
remanded to local authority accommodation under section 23 of the Children and Young Persons Act 1969 or to prison under that section as modified by section 98 of the Crime and Disorder Act 1998 or under section 27 of the Criminal Justice Act 1948, or
subject to a form of custodial detention in a country or territory outside England and Wales while awaiting trial or sentence in that country or territory or during a trial in that country or territory.
A court may not impose electronic monitoring requirements on a child or young person released on bail in connection with extradition proceedings unless each of the following conditions is met.
The first condition is that the child or young person has attained the age of twelve years.
The second condition is that—
the conduct constituting the offence to which the extradition proceedings relate, or one or more of those offences, would, if committed in England and Wales, constitute a violent , sexual or terrorism offence or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more, or
the offence or offences to which the extradition proceedings relate, together with any other imprisonable offences of which the child or young person has been convicted in any proceedings— to a recent history of committing imprisonable offences while on bail or subject to a custodial remand.
amount, or
would, if the child or young person were convicted of that offence or those offences, amount,
The third condition is that the court is satisfied that the necessary provision for dealing with the child or young person concerned can be made under arrangements for the electronic monitoring of persons released on bail that are currently available in each local justice area which is a relevant area.
The fourth condition is that a youth offending team has informed the court that in its opinion the imposition of electronic monitoring requirements will be suitable in the case of the child or young person.
The references in subsection (3)(b) to an imprisonable offence include a reference to an offence—
of which the child or young person has been accused or convicted outside England and Wales, and
which is equivalent to an offence that is punishable with imprisonment in England and Wales.
The reference in subsection (3)(b) to a child or young person being subject to a custodial remand is to the child or young person being—
remanded to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,
remanded to local authority accommodation under section 23 of the Children and Young Persons Act 1969 or to prison under that section as modified by section 98 of the Crime and Disorder Act 1998 or under section 27 of the Criminal Justice Act 1948, or
subject to a form of custodial detention in a country or territory outside England and Wales while awaiting trial or sentence in that country or territory or during a trial in that country or territory.
This section applies to a person who has attained the age of 18 and is released on bail in non-extradition proceedings if it appears to the court that—
there is no real prospect that the person will be sentenced in the proceedings to a custodial sentence, other than a suspended sentence, and
there is a real prospect that the person will be sentenced in the proceedings to a suspended sentence.
Where the person is accused or convicted in the proceedings of one or more indictable offences or offences triable either way a court may not impose electronic monitoring requirements on the person unless—
the condition in subsection (4) or (8) is met, and
the condition in subsection (9) is met.
Where the person is accused or convicted in the proceedings of one or more offences each of which is a summary offence a court may not impose electronic monitoring requirements on the person unless—
the condition in subsection (5), (6), (7) or (8) is met, and
the condition in subsection (9) is met.
The condition in this subsection is that the court is satisfied that there are substantial grounds for believing that without the electronic monitoring requirements the person would—
fail to surrender to custody,
commit an offence while on bail, or
interfere with witnesses or otherwise obstruct the course of justice in relation to the person or any other person.
The condition in this subsection is that—
it appears to the court that, having previously been granted bail in criminal proceedings, the person has failed to surrender to custody in accordance with the person’s obligations under the grant of bail, and
the court believes that without the electronic monitoring requirements the person would fail to surrender to custody.
The condition in this subsection is that—
it appears to the court that the person was on bail in criminal proceedings on the date of the offence or one of the offences of which the person is accused or convicted in the proceedings, and
the court is satisfied that there are substantial grounds for believing that without the electronic monitoring requirements the person would commit an offence while on bail.
The condition in this subsection is that—
having been released on bail in or in connection with the proceedings, the person has been arrested in pursuance of section 7, and
the court is satisfied that without the electronic monitoring requirements there are substantial grounds for believing that the person would—
fail to surrender to custody,
commit an offence while on bail, or
interfere with witnesses or otherwise obstruct the course of justice in relation to the person or another person.
The condition in this subsection is that the court is satisfied that without the electronic monitoring requirements the person would not be granted bail.
The condition in this subsection is that the court is satisfied that the necessary provision for dealing with the person concerned can be made under arrangements for the electronic monitoring of persons released on bail that are currently available in each local justice area which is a relevant area.
An offence mentioned in Schedule 2 to the Magistrates’ Courts Act 1980 (offences for which the value involved is relevant to the mode of trial) in relation to which— is, for the purposes of this section, to be regarded as a summary offence.
a determination has been made under section 22(2) of that Act (certain either way offences to be tried summarily if value involved is less than relevant sum) that it is clear that the value does not exceed the relevant sum for the purposes of that section, or
a determination has been made under section 9A(4) of this Act to the same effect,
A court may not impose electronic monitoring requirements on a person who has attained the age of eighteen and in relation to whom section 3AAB does not apply unless each of the following conditions is met.
The first condition is that the court is satisfied that without the electronic monitoring requirements the person would not be granted bail.
The second condition is that the court is satisfied that the necessary provision for dealing with the person concerned can be made under arrangements for the electronic monitoring of persons released on bail that are currently available in each local justice area which is a relevant area.
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Where a court imposes electronic monitoring requirements as a condition of bail, the requirements must include provision for making a person responsible for the monitoring.
A person may not be made responsible for the electronic monitoring of a person on bail unless he is of a description specified in an order made by the Secretary of State.
The Secretary of State may make rules for regulating—
the electronic monitoring of persons on bail;
without prejudice to the generality of paragraph (a), the functions of persons made responsible for such monitoring.
The rules may make different provision for different cases.
Any power of the Secretary of State to make an order or rules under this section is exercisable by statutory instrument.
A statutory instrument containing rules under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
For the purposes of section 3AA , 3AAA , 3AAB or 3AB a local justice area is a relevant area in relation to a proposed electronic monitoring requirement if the court considers that it will not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area.
Nothing in sections 3, 3AA , 3AAA , 3AAB or 3AB is to be taken to require the Secretary of State to ensure that arrangements are made for the electronic monitoring of persons released on bail.
Section 3 of this Act applies, in relation to bail granted by a custody officer under Part IV of the Police and Criminal Evidence Act 1984 or Part 3 of the Criminal Justice Act 2003 in cases where the normal powers to impose conditions of bail are available to him, subject to the following modifications.
Subsection (6) does not authorise the imposition of a requirement to reside in a bail hostel or any requirement under paragraph (d) or (e).
Subsections (6ZAA),(6ZA) and (6A) to (6F) shall be omitted.
For subsection (8), substitute the following—
Where a custody officer has granted bail in criminal proceedings he or another custody officer serving at the same police station may, at the request of the person to whom it was granted, vary the conditions of bail; and in doing so he may impose conditions or more onerous conditions.”.
Where a constable grants bail to a person no conditions shall be imposed under subsections (4), (5), (6) or (7) of section 3 of this Act unless it appears to the constable that it is necessary to do so ...—
for the purpose of preventing that person from failing to surrender to custody, or
for the purpose of preventing that person from committing an offence while on bail, or
for the purpose of preventing that person from interfering with witnesses or otherwise obstructing the course of justice, whether in relation to himself or any other person. or
for that person’s own protection or, if he is a child or young person, for his own welfare or in his own interests.
Subsection (5) above also applies on any request to a custody officer under subsection (8) of section 3 of this Act to vary the conditions of bail.
For further provision about the grant of bail by a custody officer under Part 4 of the Police and Criminal Evidence Act 1984 or the variation by a custody officer of the conditions of bail granted under that Part, see section 47ZZA of that Act.
A person to whom this section applies shall be granted bail except as provided in Schedule 1 to this Act.
This section applies to a person who is accused of an offence when— This subsection does not apply as respects proceedings on or after a person’s conviction of the offence ....
he appears or is brought before a magistrates’ court or the Crown Court in the course of or in connection with proceedings for the offence, or
he applies to a court for bail or for a variation of the conditions of bail in connection with the proceedings.
This section also applies to a person who, having been convicted of an offence, appears or is brought before a magistrates’ court or the Crown Court ... under—
Schedule 4 to the Sentencing Code (referral orders: referral back to appropriate court),
Schedule 5 to that Code (breach of reparation order),
Schedule 7 to that Code (breach, revocation or amendment of youth rehabilitation orders), ...
Part 2 of Schedule 10 to that Code (breach of requirement of community order) , or
the Schedule to the Street Offences Act 1959 (breach of orders under section 1(2A) of that Act).
This section also applies to a person whose extradition is sought in respect of an offence, when—
he appears or is brought before a court in the course of or in connection with extradition proceedings in respect of the offence, or
he applies to a court for bail or for a variation of the conditions of bail in connection with the proceedings.
This section also applies to a person who has been convicted of an offence and whose case is adjourned by the court for the purpose of enabling inquiries or a report to be made to assist the court in dealing with him for the offence.
But subsection (2A) above does not apply if the person is alleged to have been convicted of the offence.
Schedule 1 to this Act also has effect as respects conditions of bail for a person to whom this section applies.
In Schedule 1 to this Act “the defendant” means a person to whom this section applies and any reference to a defendant whose case is adjourned for inquiries or a report is a reference to a person to whom this section applies by virtue of subsection (4) above.
This section is subject to section 41 of the Magistrates’ Courts Act 1980 (restriction of bail by magistrates’ court in cases of treason) and section 115(1) of the Coroners and Justice Act 2009 (bail decisions in murder cases to be made by Crown Court judge).
This section is subject to section 25 of the Criminal Justice and Public Order Act 1994 (exclusion of bail in cases of homicide and rape).
In taking any decisions required by Part I or II of Schedule 1 to this Act, the considerations to which the court is to have regard include, so far as relevant, any misuse of controlled drugs by the defendant (“controlled drugs” and “misuse” having the same meanings as in the Misuse of Drugs Act 1971).
Subject to subsection (2) below, where— that court, officer or constable shall make a record of the decision in the prescribed manner and containing the prescribed particulars and, if requested to do so by the person in relation to whom the decision was taken, shall cause him to be given a copy of the record of the decision as soon as practicable after the record is made.
a court or constable grants bail in criminal proceedings, or
a court withholds bail in criminal proceedings from a person to whom section 4 of this act applies, or
a court, officer of a court or constable appoints a time or place or ... a different time or place for a person granted bail in criminal proceedings to surrender to custody, or
a court or constable varies any conditions of bail or imposes conditions in respect of bail in criminal proceedings,
Where bail in criminal proceedings is granted by endorsing a warrant of arrest for bail the constable who releases on bail the person arrested shall make the record required by subsection (1) above instead of the judge or justice who issued the warrant.
Where a magistrates’ court or the Crown Court— and does so in relation to a person to whom section 4 of this Act applies, then the court shall, ..., give reasons for withholding bail or for imposing or varying the conditions.
withholds bail in criminal proceedings, or
imposes conditions in granting bail in criminal proceedings, or
varies any conditions of bail or imposes conditions in respect of bail in criminal proceedings,
Where a magistrates’ court or the Crown Court grants bail in criminal proceedings to a person to whom section 4 of this Act applies after hearing representations from the prosecutor in favour of withholding bail, then the court shall give reasons for granting bail.
A court which is by virtue of subsection (3) above required to give reasons for its decision shall include a note of those reasons in the record of its decision and shall (except in a case where, by virtue of subsection (5) below, this need not be done) give a copy of that note to the person in relation to whom the decision was taken.
A court which is by virtue of subsection (2A) above required to give reasons for its decision shall include a note of those reasons in the record of its decision and, if requested to do so by the prosecutor, shall cause the prosecutor to be given a copy of the record of the decision as soon as practicable after the record is made.
The Crown Court need not give a copy of the note of the reasons for its decision to the person in relation to whom the decision was taken where that person has legal representation unless his legal representative requests the court to do so.
Where a magistrates’ court withholds bail in criminal proceedings from a person who does not have legal representation, the court shall—
if it is sending him for trial to the Crown Court or if it issues a certificate under subsection (6A) below, inform him that he may apply ... to the Crown Court to be granted bail;
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Where a person has given security in pursuance of section 3(5) above and a court is satisfied that he failed to surrender to custody then, unless it appears that he had reasonable cause for his failure, the court may order the forfeiture of the security.
If a court orders the forfeiture of a security under subsection (7) above, the court may declare that the forfeiture extends to such amount less than the full value of the security as it thinks fit to order.
A security which has been ordered to be forfeited by a court under subsection (7) above shall, to the extent of the forfeiture—
if it consists of money, be accounted for and paid in the same manner as a fine imposed by that court would be;
if it does not consist of money, be enforced by such magistrates’ court as may be specified in the order.
Where in criminal proceedings—
a magistrates’ court remands a person in custody under section 52(5) of the Crime and Disorder Act 1998, section 11 of the Powers of Criminal Courts (Sentencing) Act 2000 (remand for medical examination) or any of the following provisions of the Magistrates’ Courts Act 1980— after hearing full argument on an application for bail from him; and
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section 10 (adjournment of trial); or
section 17C (intention as to plea: adjournment);
section 18 (initial procedure on information against adult for offence triable either way), or
section 24C (intention as to plea by child or young person: adjournment),
either— it shall be the duty of the court to issue a certificate in the prescribed form that they heard full argument on his application for bail before they refused the application.
it has not previously heard such argument on an application for bail from him in those proceedings; or
it has previously heard full argument from him on such an application but it is satisfied that there has been a change in his circumstances or that new considerations have been placed before it,
In this section “prescribed” means, in relation to the decision of a court or an officer of a court, prescribed by Civil Procedure Rules, Court Martial Appeal Rules or Criminal Procedure Rules, as the case requires or, in relation to a decision of a constable, prescribed by direction of the Secretary of State.
Where the court issues a certificate under subsection (6A) above in a case to which paragraph (b)(ii) of that subsection applies, it shall state in the certificate the nature of the change of circumstances or the new considerations which caused it to hear a further fully argued bail application.
Where a court issues a certificate under subsection (6A) above it shall cause the person to whom it refuses bail to be given a copy of the certificate.
An order under subsection (7) above shall, unless previously revoked, have effect at the end of twenty-one days beginning with the day on which it is made.
A court which has ordered the forfeiture of a security under subsection (7) above may, if satisfied on an application made by or on behalf of the person who gave it that he did after all have reasonable cause for his failure to surrender to custody, by order remit the forfeiture or declare that it extends to such amount less than the full value of the security as it thinks fit to order.
An application under subsection (8B) above may be made before or after the order for forfeiture has taken effect, but shall not be entertained unless the court is satisfied that the prosecution was given reasonable notice of the applicant’s intention to make it.
Where an order is made under subsection (8B) above after the order for forfeiture of the security in question has taken effect, any money which would have fallen to be repaid or paid over to the person who gave the security if the order under subsection (8B) had been made before the order for forfeiture took effect shall be repaid or paid over to him.
This section is subject, in its application to bail granted by a constable, to section 5A of this Act.
If a person who has been released on bail in criminal proceedings fails without reasonable cause to surrender to custody he shall be guilty of an offence.
If a person who— fails to surrender to custody at the appointed place as soon after the appointed time as is reasonably practicable he shall be guilty of an offence.
has been released on bail in criminal proceedings, and
having reasonable cause therefor, has failed to surrender to custody,
It shall be for the accused to prove that he had reasonable cause for his failure to surrender to custody.
A failure to give to a person granted bail in criminal proceedings a copy of the record of the decision shall not constitute a reasonable cause for that person’s failure to surrender to custody.
An offence under subsection (1) or (2) above shall be punishable either on summary conviction or as if it were a criminal contempt of court.
Where a magistrates’ court convicts a person of an offence under subsection (1) or (2) above the court may, if it thinks— commit him in custody or on bail to the Crown Court for sentence.
that the circumstances of the offence are such that greater punishment should be inflicted for that offence than the court has power to inflict, or
in a case where it sends that person for trial to the Crown Court for another offence, that it would be appropriate for him to be dealt with for the offence under subsection (1) or (2) above by the court before which he is tried for the other offence,
A person who is convicted summarily of an offence under subsection (1) or (2) above and is not committed to the Crown Court for sentence shall be liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 5 on the standard scale or to both and a person who is so committed for sentence or is dealt with as for such a contempt shall be liable to imprisonment for a term not exceeding 12 months or to a fine or to both.
In any proceedings for an offence under subsection (1) or (2) above a document purporting to be a copy of the part of the prescribed record which relates to the time and place appointed for the person specified in the record to surrender to custody and to be duly certified to be a true copy of that part of the record shall be evidence of the time and place appointed for that person to surrender to custody.
For the purposes of subsection (8) above—
“the prescribed record” means the record of the decision of the court, officer or constable made in pursuance of section 5(1) of this Act;
the copy of the prescribed record is duly certified if it is certified by the appropriate officer of the court or, as the case may be, by the constable who took the decision or a constable designated for the purpose by the officer in charge of the police station from which the person to whom the record relates was released;
“the appropriate officer” of the court is—
in the case of a magistrates’ court, the designated officer for the court;
in the case of the Crown Court, such officer as may be designated for the purpose in accordance with arrangements made by the Lord Chancellor;
in the case of the High Court, such officer as may be designated for the purpose in accordance with arrangements made by the Lord Chancellor;
in the case of the Court of Appeal, the registrar of criminal appeals or such other officer as may be authorised by him to act for the purpose;
in the case of the Court Martial Appeal Court, the registrar or such other officer as may be authorised by him to act for the purpose.
Section 127 of the Magistrates' Courts Act 1980 shall not apply in relation to an offence under subsection (1) or (2) above.
Where a person has been released on bail in criminal proceedings and that bail was granted by a constable, a magistrates' court shall not try that person for an offence under subsection (1) or (2) above in relation to that bail (the “relevant offence”) unless either or both of subsections (12) and (13) below applies.
This subsection applies if an information is laid for the relevant offence within 6 months from the time of the commission of the relevant offence.
This subsection applies if an information is laid for the relevant offence no later than 3 months from the time of the occurrence of the first of the events mentioned in subsection (14) below to occur after the commission of the relevant offence.
Those events are—
the person surrenders to custody at the appointed place;
the person is arrested, or attends at a police station, in connection with the relevant offence or the offence for which he was granted bail;
the person appears or is brought before a court in connection with the relevant offence or the offence for which he was granted bail.
Section 5 of this Act applies, in relation to bail granted by a custody officer under Part IV of the Police and Criminal Evidence Act 1984 or Part 3 of the Criminal Justice Act 2003 in cases where the normal powers to impose conditions of bail are available to him, subject to the following modifications.
Subsections (2A) and (2B) shall be omitted.
For subsection (3) substitute the following—
Where a custody officer, in relation to any person,— the custody officer shall, ... give reasons for imposing or varying the conditions.”.
imposes conditions in granting bail in criminal proceedings, or
varies any conditions of bail or imposes conditions in respect of bail in criminal proceedings,
For subsection (4) substitute the following—
A custody officer who is by virtue of subsection (3) above required to give reasons for his decision shall include a note of those reasons in the custody record and shall give a copy of that note to the person in relation to whom the decision was taken.”.
Subsections (5) and (6) shall be omitted.
If a person who has been released on bail in criminal proceedings and is under a duty to surrender into the custody of a court fails to surrender to custody at the time appointed for him to do so the court may issue a warrant for his arrest.
If a person who has been released on bail in criminal proceedings absents himself from the court at any time after he has surrendered into the custody of the court and before the court is ready to begin or to resume the hearing of the proceedings, the court may issue a warrant for his arrest; but no warrant shall be issued under this subsection where that person is absent in accordance with leave given to him by or on behalf of the court.
Subsection (1B) applies if—
a person has been released on bail in connection with extradition proceedings,
the person is under a duty to surrender into the custody of a constable, and
the person fails to surrender to custody at the time appointed for him to do so.
A person who has been released on bail in criminal proceedings and is under a duty to surrender into the custody of a court may be arrested without warrant by a constable—
if the constable has reasonable grounds for believing that that person is not likely to surrender to custody;
if the constable has reasonable grounds for believing that that person is likely to break any of the conditions of his bail or has reasonable grounds for suspecting that that person has broken any of those conditions; or
in a case where that person was released on bail with one or more surety or sureties, if a surety notifies a constable in writing that that person is unlikely to surrender to custody and that for that reason the surety wishes to be relieved of his obligations as a surety.
A magistrates' court may issue a warrant for the person’s arrest.
a person arrested in pursuance of subsection (3) above— ....
shall, except where he was arrested within 24 hours of the time appointed for him to surrender to custody, be brought as soon as practicable and in any event within 24 hours after his arrest before a justice of the peace ...; and
in the said excepted case shall be brought before the court at which he was to have surrendered to custody.
A justice of the peace before whom a person is brought under subsection (4) or (4B) above may, subject to subsections (5A) and (6) below, if of the opinion that that person— remand him in custody or commit him to custody, as the case may require, or alternatively, grant him bail subject to the same or to different conditions, but if not of that opinion shall grant him bail subject to the same conditions (if any) as were originally imposed.
is not likely to surrender to custody, or
has broken or is likely to break any condition of his bail,
Where a person brought before a justice under subsection (4) or (4B) is a child or young person and the justice does not grant him bail, subsection (5) above shall have effect subject to the provisions of section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail).
A person who has been released on bail in connection with extradition proceedings and is under a duty to surrender into the custody of a constable may be arrested without warrant by a constable on any of the grounds set out in paragraphs (a) to (c) of subsection (3).
A person arrested in pursuance of subsection (4A) above shall be brought as soon as practicable and in any event within 24 hours after his arrest before a justice of the peace for the petty sessions area in which he was arrested.
A justice of the peace may not remand a person in, or commit a person to, custody under subsection (5) if—
the person has attained the age of eighteen,
the person was released on bail in non-extradition proceedings,
the person has not been convicted of an offence in those proceedings, and
it appears to the justice of the peace that there is no real prospect that the person will be sentenced to a custodial sentence in the proceedings.
In reckoning for the purposes of this section any period of 24 hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.
In the case of a person charged with murder or with murder and one or more other offences—
subsections (4) and (5) have effect as if for “justice of the peace” there were substituted “ judge of the Crown Court ”,
subsection (6) has effect as if for “justice” (in both places) there were substituted “ judge ”, and
subsection (7) has effect, for the purposes of subsection (4), as if at the end there were added “, Saturday or bank holiday.”
This section applies in any of these cases—
a magistrates' court has granted bail in criminal proceedings in connection with an offence to which this section applies or proceedings for such an offence;
a constable has granted bail in criminal proceedings in connection with proceedings for such an offence;
a magistrates' court or a constable has granted bail in connection with extradition proceedings.
The court or the appropriate court in relation to the constable may, on application by the prosecutor for the decision to be reconsidered—
vary the conditions of bail,
impose conditions in respect of bail which has been granted unconditionally, or
withhold bail.
The offences to which this section applies are offences triable on indictment and offences triable either way.
No application for the reconsideration of a decision under this section shall be made unless it is based on information which was not available to the court or constable when the decision was taken.
Whether or not the person to whom the application relates appears before it, the magistrates’ court shall take the decision in accordance with section 4(1) (and Schedule 1) of this Act.
Where the decision of the court on a reconsideration under this section is to withhold bail from the person to whom it was originally granted the court shall—
if that person is before the court, remand him in custody, and
if that person is not before the court, order him to surrender himself forthwith into the custody of the court.
Where a person surrenders himself into the custody of the court in compliance with an order under subsection (5) above, the court shall remand him in custody.
A person who has been ordered to surrender to custody under subsection (5) above may be arrested without warrant by a constable if he fails without reasonable cause to surrender to custody in accordance with the order.
A person arrested in pursuance of subsection (7) above shall be brought as soon as practicable, and in any event within 24 hours after his arrest, before a justice of the peace ... and the justice shall remand him in custody. In reckoning for the purposes of this subsection any period of 24 hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.
Where the court, on a reconsideration under this section, refuses to withhold bail from a relevant person after hearing representations from the prosecutor in favour of withholding bail, then the court shall give reasons for refusing to withhold bail.
In subsection (8A) above, “relevant person” means a person to whom section 4(1) (and Schedule 1) of this Act is applicable in accordance with subsection (4) above.
A court which is by virtue of subsection (8A) above required to give reasons for its decision shall include a note of those reasons in any record of its decision and, if requested to do so by the prosecutor, shall cause the prosecutor to be given a copy of any such record as soon as practicable after the record is made.
Criminal Procedure Rules shall include provision—
requiring notice of an application under this section and of the grounds for it to be given to the person affected, including notice of the powers available to the court under it;
for securing that any representations made by the person affected (whether in writing or orally) are considered by the court before making its decision; and
designating the court which is the appropriate court in relation to the decision of any constable to grant bail.
This section applies where a person is granted bail in criminal proceedings on condition that he provides one or more surety or sureties for the purpose of securing that he surrenders to custody.
In considering the suitability for that purpose of a proposed surety, regard may be had (amongst other things) to—
the surety’s financial resources;
his character and any previous convictions of his; and
his proximity (whether in point of kinship, place of residence or otherwise) to the person for whom he is to be surety.
Where a court grants a person bail in criminal proceedings on such a condition but is unable to release him because no surety or no suitable surety is available, the court shall fix the amount in which the surety is to be bound and subsections (4) and (5) below, or in a case where the proposed surety resides in Scotland subsection (6) below, shall apply for the purpose of enabling the recognizance of the surety to be entered into subsequently.
Where this subsection applies the recognizance of the surety may be entered into before such of the following persons or descriptions of persons as the court may by order specify or, if it makes no such order, before any of the following persons, that is to say— and Civil Procedure Rules, Criminal Procedure Rules or Court Martial Appeal Rules may also prescribe the manner in which a recognizance which is to be entered into before such a person is to be entered into and the persons by whom and the manner in which the recognizance may be enforced.
where the decision is taken by a magistrates’ court, before a justice of the peace ... or a police officer who either is of the rank of inspector or above or is in charge of a police station or, if Criminal Procedure Rules so provide, by a person of such other description as is specified in the rules;
where the decision is taken by the Crown Court, before any of the persons specified in paragraph (a) above or, if Criminal Procedure Rules so provide, by a person of such other description as is specified in the rules;
where the decision is taken by the High Court or the Court of Appeal, before any of the persons specified in paragraph (a) above or, if Civil Procedure Rules or Criminal Procedure Rules so provide, by a person of such other description as is specified in the rules;
where the decision is taken by the Court Martial Appeal Court, before any of the persons specified in paragraph (a) above or, if Court Martial Appeal Rules so provide, by a person of such other description as is specified in the rules;
Where a surety seeks to enter into his recognizance before any person in accordance with subsection (4) above but that person declines to take his recognizance because he is not satisfied of the surety’s suitability, the surety may apply to— for that court to take his recognizance and that court shall, if satisfied of his suitability, take his recognizance.
the court which fixed the amount of the recognizance in which the surety was to be bound, or
a magistrates’ court ...,
Where this subsection applies, the court, if satisfied of the suitability of the proposed surety, may direct that arrangements be made for the recognizance of the surety to be entered into in Scotland before any constable, within the meaning of the Police and Fire Reform (Scotland) Act 2012, having charge at any police office or station in like manner as the recognizance would be entered into in England or Wales.
Where, in pursuance of subsection (4) or (6) above, a recognizance is entered into otherwise than before the court that fixed the amount of the recognizance, the same consequences shall follow as if it had been entered into before that court.
If a person agrees with another to indemnify that other against any liability which that other may incur as a surety to secure the surrender to custody of a person accused or convicted of or under arrest for an offence, he and that other person shall be guilty of an offence.
An offence under subsection (1) above is committed whether the agreement is made before or after the person to be indemnified becomes a surety and whether or not he becomes a surety and whether the agreement contemplates compensation in money or in money’s worth.
Where a magistrates’ court convicts a person of an offence under subsection (1) above the court may, if it thinks— commit him in custody or on bail to the Crown Court for sentence.
that the circumstances of the offence are such that greater punishment should be inflicted for that offence than the court has power to inflict, or
in a case where it sends that person for trial to the Crown Court for another offence, that it would be appropriate for him to be dealt with for the offence under subsection (1) above by the court before which he is tried for the other offence,
A person guilty of an offence under subsection (1) above shall be liable—
on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine not exceeding £400 or to both; or
on conviction on indictment or if sentenced by the Crown Court on committal for sentence under subsection (3) above, to imprisonment for a term not exceeding 12 months or to a fine or to both.
No proceedings for an offence under subsection (1) above shall be instituted except by or with the consent of the Director of Public Prosecutions.
In section 5 of the Coroners Act 1887 (procedure and powers of coroner to grant bail where coroner's inquisition charges homicide), for subsections (1) and (2) there shall be substituted—
The foregoing provisions of this Act shall, in their application to proceedings before a coroner and to persons charged on a coroner's inquisition, have effect as if—
in section 4(2) there were substituted for paragraph (a) the following—;
in section 6(9) there were substituted for paragraph (b) the following—
the references in section 5(3) and (6) and in section 8(4) to a magistrates' court were references to a coroner; and
the references in sections 5(10) and 8(4) to magistrates' courts rules were references to coroners' rules.
This section applies whenever—
a magistrates' court is considering whether to withhold or grant bail in relation to a child or young person who is accused of a scheduled offence; and
the trial of that offence has not begun.
The court shall, before deciding whether to withhold or grant bail, consider whether, having regard to any representations made by the prosecutor or the accused child or young person, the value involved does not exceed the relevant sum for the purposes of section 22.
The duty in subsection (2) does not apply in relation to an offence if—
a determination under subsection (4) has already been made in relation to that offence; or
the accused child or young person is, in relation to any other offence of which he is accused which is not a scheduled offence, a person to whom Part 1 of Schedule 1 to this Act applies.
If where the duty in subsection (2) applies it appears to the court clear that, for the offence in question, the amount involved does not exceed the relevant sum, the court shall make a determination to that effect.
In this section—
“relevant sum” has the same meaning as in section 22(1) of the Magistrates' Courts Act 1980 (certain either way offences to be tried summarily if value involved is less than the relevant sum);
“scheduled offence” means an offence mentioned in Schedule 2 to that Act (offences for which the value involved is relevant to the mode of trial); and
“the value involved” is to be construed in accordance with section 22(10) to (12) of that Act.
Part II of the Legal Aid Act 1974 shall have effect subject to the amendments made by this section.
In section 28(1) (exercise of powers to grant legal aid), for the words " subsections (2) to (4) " there shall be substituted the words " subsections (1A) to (4) ".
At the end of section 28(2) (power of magistrates' court to make a legal aid order in criminal proceedings), there shall be added the words " or, in the circumstances mentioned in paragraph (c) of section 29(1) below, for the purpose of so much of those proceedings as relates to the grant of bail ".
After paragraphs (a) and (b) of section 29(1) (which specify the cases in which a legal aid order must be made if a person's means qualify him for it), there shall be added a paragraph (preceded by the word " or " ) as follows—.
After paragraph (c) of section 29(1) inserted by subsection (4) above, there shall be added a further paragraph (preceded by the word " or " ) as follows—
After section 29(1) there shall be inserted the following subsection—;
After section 29(5) there shall be inserted the following subsection—;
In section 30(2) (scope of legal aid before magistrates' courts) there shall be added at the end the words " and legal aid ordered to be given for the purpose of so much of any proceedings before a magistrates' court as relates to the grant of bail shall not include representation by counsel. "
In section 30(12) (interpretation), for the words "In section 28 above " there shall be inserted the words " In sections 28 and 29 above ".
Schedule 2 to this Act (which contains consequential and minor amendments of enactments) shall have effect.
The enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
The transitional provisions contained in Schedule 4 to this Act shall have effect.
This act may be cited as the Bail Act 1976.
This Act (except this section) shall come into force on such day as the Secretary of State may by order in a statutory instrument appoint.
Section 1 of this Act applies to bail grantable by the Court Martial Appeal Court when sitting outside England and Wales and accordingly section 6 of this Act applies to a failure outside England and Wales by a person granted bail by that Court to surrender to custody.
Except as provided by subsection (3) above and with the exception of so much of section 8 as relates to entering into recognizances in Scotland and paragraphs 31 and 46 of Schedule 2 to this Act, this Act does not extend beyond England and Wales.