Bail Act 1976

In this Schedule “the appointed day” means the day appointed under section 13(2) of this Act for it to come into force.

Meaning of “bail in criminal proceedings”.

3AA

• (1) 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.

• (2) The first condition is that the child or young person has attained the age of twelve years.

• (3) The second condition is that—

• (a) 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

• (b) 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—

• (i) amount, or

• (ii) would, if he were convicted of the offences with which he is charged, amount,

to a recent history of repeatedly committing imprisonable offences while remanded on bail or subject to a custodial remand.

• (4) 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.

• (5) 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.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (11) The references in subsection (3)(b) to an imprisonable offence include a reference to an offence—

• (a) of which the child or young person has been convicted outside England and Wales, and

• (b) which is equivalent to an offence that is punishable with imprisonment in England and Wales.

• (12) 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—

• (a) remanded to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,

• (b) 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

• (c) 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.

3A

• (1) 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.

• (2) Subsection (6) does not authorise the imposition of a requirement to reside in a bail hostel or any requirement under paragraph (d) or (e).

• (3) Subsections (6ZAA),(6ZA) and (6A) to (6F) shall be omitted.

• (4) 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.”.

• (5) 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 ...—

• (a) for the purpose of preventing that person from failing to surrender to custody, or

• (b) for the purpose of preventing that person from committing an offence while on bail, or

• (c) 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

• (d) for that person’s own protection or, if he is a child or young person, for his own welfare or in his own interests.

• (6) 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.

• (7) 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.

5A

• (1) 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.

• (1A) Subsections (2A) and (2B) shall be omitted.

• (2) For subsection (3) substitute the following—

• (”) Where a custody officer, in relation to any person,—

• (a) imposes conditions in granting bail in criminal proceedings, or

• (b) varies any conditions of bail or imposes conditions in respect of bail in criminal proceedings,

the custody officer shall, ... give reasons for imposing or varying the conditions.”.

• (3) 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.”.

• (4) Subsections (5) and (6) shall be omitted.

5B

• (A1) This section applies in any of these cases—

• (a) 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;

• (b) a constable has granted bail in criminal proceedings in connection with proceedings for such an offence;

• (c) a magistrates' court or a constable has granted bail in connection with extradition proceedings.

• (1) The court or the appropriate court in relation to the constable may, on application by the prosecutor for the decision to be reconsidered—

• (a) vary the conditions of bail,

• (b) impose conditions in respect of bail which has been granted unconditionally, or

• (c) withhold bail.

• (2) The offences to which this section applies are offences triable on indictment and offences triable either way.

• (3) 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.

• (4) 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.

• (5) 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—

• (a) if that person is before the court, remand him in custody, and

• (b) if that person is not before the court, order him to surrender himself forthwith into the custody of the court.

• (6) 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.

• (7) 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.

• (8) 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.

• (8A) 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.

• (8B) 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.

• (8C) 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.

• (9) Criminal Procedure Rules shall include provision—

• (a) 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;

• (b) 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

• (c) designating the court which is the appropriate court in relation to the decision of any constable to grant bail.

1

• (1) Subject to sub-paragraph (2),and paragraph 1A the following provisions of this Part of this Schedule apply to the defendant if—

• (a) the offence or one of the offences of which he is accused or convicted in the proceedings is punishable with imprisonment, or

• (b) his extradition is sought in respect of an offence.

• (2) 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—

• (a) a summary offence; or

• (b) 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—

• (i) 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 the relevant sum) that it is clear that the value does not exceed the relevant sum for the purposes of that section; or

• (ii) a determination has been made under section 9A(4) of this Act to the same effect.

2A

The defendant need not be granted bail if—

• (a) the offence is an indictable offence or an offence triable either way; and

• (b) it appears to the court that he was on bail in criminal proceedings on the date of the offence.

2B

The defendant need not be granted bail in connection with extradition proceedings if—

• (a) 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

• (b) it appears to the court that the defendant was on bail on the date of the offence.

7

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.

9A

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Cases under section 128A of Magistrates’ Courts Act 1980

9B

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.

Part IIA — Decisions where Bail Refused on Previous Hearing

1

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.

2

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).

3

At subsequent hearings the court need not hear arguments as to fact or law which it has heard previously.

Editorial notes