Legalize / United Kingdom / Public General Act

Bail Act 1976

Type Public General Act

Publication 1976-11-15

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Preliminary

Meaning of " bail in criminal proceedings "

1

(1) In this Act “bail in criminal proceedings” means—

(a) bail grantable in or in connection with proceedings for an offence to a person who is accused or convicted of the offence, or

(b) 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

(2) In this Act “bail” means bail grantable under the law (including common law) for the time being in force.

(3) 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.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) This section applies—

(a) Whether the offence was committed in England or Wales or elsewhere, and

(b) whether it is an offence under the law of England and Wales, or of any other country or territory.

(6) Bail in criminal proceedings shall be granted (and in particular shall be granted unconditionally or conditionally) in accordance with this Act.

Other definitions

2

(1) In this Act, unless the context otherwise requires, “conviction” includes—

(a) a finding of guilt,

(b) a finding that a person is not guilty by reason of insanity,

(c) 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

(d) a conviction of an offence for which an order is made ... discharging the offender absolutely or conditionally,

and “convicted” shall be construed accordingly.

(2) In this Act, unless the context otherwise requires—

“bail hostel” means premises for the accommodation of persons remanded on bail,

“bail in non-extradition proceedings” means bail in criminal proceedings of the kind mentioned in section 1(1)(a),

“child” means a person under the age of fourteen,

“court” includes a judge of a court, or a justice of the peace 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,

“Court Martial Appeal Rules” means rules made under section 49 of the Court Martial Appeals Act 1968,

“custodial sentence” means a sentence or order mentioned in section 222(1) of the Sentencing Code or any corresponding sentence or order imposed or made under any earlier enactment,

“extradition proceedings” means proceedings under the Extradition Act 2003;

“imprisonable offence” means an offence punishable in the case of an adult with imprisonment,

“offence” includes an alleged offence,

“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,

“prosecutor”, in relation to extradition proceedings, means the person acting on behalf of the territory to which extradition is sought;

“sexual offence” means an offence specified in Part 2 of Schedule 18 to the Sentencing Code,

“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,

“terrorism offence” means an offence specified in Part 3 of Schedule 18 to the Sentencing Code,

“vary”, in relation to bail, means imposing further conditions after bail is granted, or varying or rescinding conditions,

“violent offence” means murder or an offence specified in Part 1 of Schedule 18 to the Sentencing Code,

“young person” means a person who has attained the age of fourteen and is under the age of eighteen.

(3) 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.

(4) 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.

Incidents of bail in criminal proceedings

General provisions

3

(1) 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.

(2) No recognizance for his surrender to custody shall be taken from him.

(3) Except as provided by this section—

(a) no security for his surrender to custody shall be taken from him,

(b) he shall not be required to provide a surety or sureties for his surrender to custody, and

(4) He may be required, before release on bail, to provide a surety or sureties to secure his surrender to custody.

(5) . . .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.

(6) He may be required ... to comply, before release on bail or later, with such requirements as appear to the court to be necessary ...—

(a) to secure that he surrenders to custody,

(b) to secure that he does not commit an offence while on bail,

(c) 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,

(ca) for his own protection or, if he is a child or young person, for his own welfare or in his own interests,

(d) 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.

(e) 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);

(6ZAA) 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 3AB (in the case of other persons) and section 3AC (in all cases).

(6ZAB) 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.

(6ZA) 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.

(6A) 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) a requirement that the accused shall undergo examination by two medical practitioners for the purpose of enabling such reports to be prepared; and

(b) 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.

(6B) 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.

(6C) Subsection (6D) below applies where—

(a) 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

(b) the notice has not been withdrawn.

(6D) In the case of a person (“P”)—

(a) 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);

(b) 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

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.

(6E) In subsections (6C) and (6D) above—

(a) “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;

(b) “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,

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.

(6F) 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.

(7) 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—

(a) 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

(b) 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.

(8) 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—

(a) by or on behalf of the person to whom bail was granted, or

(b) by the prosecutor or a constable,

vary the conditions of bail or impose conditions in respect of bail which has been granted unconditionally.

(8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) 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).

(10) This section is subject, in its application to bail granted by a constable, to section 3A of this Act.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Bail for accused persons and others

General right to bail of accused persons and others

4

(1) A person to whom this section applies shall be granted bail except as provided in Schedule 1 to this Act.

(2) This section applies to a person who is accused of an offence when—

(a) 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

(b) he applies to a court for bail or for a variation of the conditions of bail in connection with the proceedings.

This subsection does not apply as respects proceedings on or after a person’s conviction of the offence ....

(2A) This section also applies to a person whose extradition is sought in respect of an offence, when—

(a) he appears or is brought before a court in the course of or in connection with extradition proceedings in respect of the offence, or

(b) he applies to a court for bail or for a variation of the conditions of bail in connection with the proceedings.

(2B) But subsection (2A) above does not apply if the person is alleged to have been convicted of the offence.

(3) 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—

(za) Schedule 4 to the Sentencing Code (referral orders: referral back to appropriate court),

(zb) Schedule 5 to that Code (breach of reparation order),

(a) Schedule 7 to that Code (breach, revocation or amendment of youth rehabilitation orders), ...

(b) Part 2 of Schedule 10 to that Code (breach of requirement of community order) , or

(4) 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.

(5) Schedule 1 to this Act also has effect as respects conditions of bail for a person to whom this section applies.

(6) 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.

(7) 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).

(8) 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).

(9) 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).

Supplementary

Supplementary provisions about decisions on bail

5

(1) Subject to subsection (2) below, where—

(a) a court or constable grants bail in criminal proceedings, or

(b) a court withholds bail in criminal proceedings from a person to whom section 4 of this act applies, or

(c) 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

(d) a court or constable varies any conditions of bail or imposes conditions in respect of bail in criminal proceedings,

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.

(2) 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.

(2A) 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.

(2B) 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.

(3) Where a magistrates’ court or the Crown Court—

(a) withholds bail in criminal proceedings, or

(b) imposes conditions in granting bail in criminal proceedings, or

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.

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