Bail Act 1976

[^M_F_08019e07-939e-468e-b81c-46882cc04b5d]: Words in Sch. 1 Pt. II para. 4 substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 78(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

[^M_F_0e37cd58-bb14-4430-8ec9-5dced3e6d2f6]: Sch. 1 Pt. 1 para. 2 renumbered as Sch. 1 Pt. 1 para. 2(1) (5.4.2004) by virtue of Criminal Justice Act 2003 (c. 44), ss. 20(1), 336(3) (with s. 141); S.I. 2004/829, art. 2(1)(2) (with art. 2(3))

[^M_F_20cfa210-310d-4d07-9cff-3b0f238f9d27]: Words in Sch. 1 Pt. 1 para. 1(1) inserted by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 12 para. 5(2); S.I. 2008/1586, art. 2(1), Sch. 1 para. 27

[^M_F_24685479-1612-4bf5-c4c2-6908e045f74f]: Sch. 1 Pt. 1 para. 1: renumbered as Sch. 1 Pt. 1 para. 1(1) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 12 para. 5(1); S.I. 2008/1586, art. 2(1), Sch. 1 para. 27

[^M_F_2a9b8a24-7d43-48dd-aad0-38135fe7ef26]: Sch. 1 Pt. 2 para. 2(za) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 28; S.I. 2012/2906, art. 2(i)

[^M_F_3a9a80f4-6325-44e8-9706-db1a51c17a17]: Words in Sch. 1 Pt. 1 para. 4 substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) ) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 78(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

[^M_F_3efc76f6-f521-4103-c011-9c43e47e9391]: Words in Sch. 1 Pt. 1 para. 9AB(1)(a) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 21; S.I. 2012/2906, art. 2(i)

[^M_F_41f9b894-79e9-48a5-faf7-041d37534b89]: Sch. 1 Pt. 2 para. 6 inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 29; S.I. 2012/2906, art. 2(i)

[^M_F_423bb2de-58a2-42d7-9eaf-de13a3c79ac8]: Words in Sch. 1 Pt. 1 para. 9 substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 19(a); S.I. 2012/2906, art. 2(i)

[^M_F_58c9cf2c-06a0-4365-cd21-71011e636ba6]: Sch. 1 Pt. 1 para 1(2) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 12 para. 5(3); S.I. 2008/1586, art. 2(1), Sch. 1 para. 27

[^M_F_71ac43c6-f3a9-4ca8-85d6-9decfbe6661b]: Words in Sch. 1 Pt. 1 para. 9 inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 19(b); S.I. 2012/2906, art. 2(i)

[^M_F_7d3781a4-193c-48c7-dc47-13d6424df644]: Sch. 1 Pt.2 para 5 substituted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 13(4), 336(3) (with s. 141); S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))

[^M_F_8182eeb6-1bc2-4aa7-bb8c-d6cba3c39367]: Sch. 1 Pt. 3 para. 4 words substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3), Sch. 32 para. 23; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(12) (with art. 2(2), Sch. 2).

[^M_F_a4c39976-56e9-42a8-b612-792ba462b4ca]: Words in Sch. 1 Pt. 3 para. 4 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 78(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

[^M_F_c2e70a77-9094-4401-c760-4644c064b7d9]: Words in Sch. 1 Pt. 3 para. 2(b) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 31(2); S.I. 2012/2906, art. 2(i)

[^M_F_c5f437a4-bb8b-42c8-e958-6b57df0cb04f]: Words in Sch. 1 Pt. 3 para. 3 substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 17; S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

[^M_F_c6db7124-f8f2-4aed-a691-0c9febedc545]: Sch. 1 Pt. 1 para. 1 substituted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 198(12), 221; S.I. 2003/3103, art. 2 (with arts. 3, 4) (as amended (18.12.2003) by S.I. 2003/3312, art. 2).

[^M_F_c9066cd5-5a4e-4fec-8f1d-f58e7c710641]: Words in s. 3(6) repealed (10.4.1995) by 1994 c. 33, ss. 27(2)(a), 168(3), Sch. 11; S.I. 1995/721, art. 2, Sch. Appendix B

[^M_F_c97bafdf-7d83-40de-a82d-bec162e5b765]: Sch. 1 Pt. 1 para. 2(2) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 14; S.I. 2012/2906, art. 2(i)

[^M_F_cdf11356-7616-4fd6-860e-41eedfe6dd2f]: Sch. 1 Pt. 1 para. 6 substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 17; S.I. 2012/2906, art. 2(i)

[^M_F_d3789943-aebc-4d83-83cf-aa8db8851d6e]: Sch. 1 Pt. 3 para. 2(g) and semicolon inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 31(4); S.I. 2012/2906, art. 2(i)

[^M_F_d5b92b92-ad95-4207-e7f7-e2bd007ffb2c]: Words in Sch. 1 Pt. 1 para. 9AA(1)(a) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 20; S.I. 2012/2906, art. 2(i)

[^M_F_da928b0c-274c-4949-c5f5-c3f645a5f422]: Sch. 1 Pt. III para. 2 substituted (1.1.2007) by Criminal Justice Act 2003 (c. 44), s. 336(3), Sch. 36 para. 3; S.I. 2006/3217, art. 2(b) (with art. 3)

[^M_F_e1dd934a-51a0-4737-f354-131c6baeafa5]: Words in Sch. 1 Pt. 3 para. 2(c) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 31(2); S.I. 2012/2906, art. 2(i)

[^M_F_f2da8b8c-e2bf-41a3-9210-f7aa8fc4735e]: Words in Sch. 1 Pt. 1 para. 1(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 12; S.I. 2012/2906, art. 2(i)

[^M_F_f9ef04ba-e146-4d4f-c90f-fc1b967d66ff]: Sch. 1 Pt. 2 para. 5(za) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 29; S.I. 2012/2906, art. 2(i)

[^M_F_fd54d219-51ce-4c84-9f4c-a7d60d3d48ad]: Words in Sch. 1 Pt. 1 para. 6A substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 18; S.I. 2012/2906, art. 2(i)

[^key-5532450eb72c3f3a8ef6f68ae7713895]: Words in s. 6(7) restored following an earlier amendment which was made in error and earlier amending provision in S.I. 2023/149, Sch. Pt. 1 revoked (18.10.2023) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) (Revocation and Amendment) Regulations 2023 (S.I. 2023/1108), regs. 1(2), 2

[^M_F_f70ed0fe-7547-45db-80e6-29adef8d16c4]: Sch. 1 Pt. 1A para. 1 cross-heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 23; S.I. 2012/2906, art. 2(i)

[^M_F_3e391d74-772a-4526-cacb-f29d969fd078]: Sch. 1 Pt. 1A para. 1A inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 25; S.I. 2012/2906, art. 2(i)

Conditions for the imposition of electronic monitoring requirements: children and young persons released on bail in extradition proceedings

2

• (1) 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—

• (a) fail to surrender to custody, or

• (b) commit an offence while on bail, or

• (c) interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person.

• (2) Where the defendant falls within paragraph 6B, this paragraph does not apply unless—

• (a) the court is of the opinion mentioned in paragraph 6A, or

• (b) paragraph 6A does not apply by virtue of paragraph 6C.

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 the defendant 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.

3

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.

4

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.

5

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.

6

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.

Exception applicable to drug users in certain areas

6A

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).

Exception applicable to drug users in certain areas

6B

• (1) A defendant falls within this paragraph if—

• (a) he is aged 18 or over;

• (b) a sample taken—

• (i) under section 63B of the Police and Criminal Evidence Act 1984 (testing for presence of Class A drugs) in connection with the offence; or

• (ii) under section 161 of the Criminal Justice Act 2003 (drug testing after conviction of an offence but before sentence),

has revealed the presence in his body of a specified Class A drug;

• (c) either the offence is one under section 5(2) or (3) of the Misuse of Drugs Act 1971 and relates to a specified Class A drug, or the court is satisfied that there are substantial grounds for believing—

• (i) that misuse by him of any specified Class A drug caused or contributed to the offence; or

• (ii) (even if it did not) that the offence was motivated wholly or partly by his intended misuse of such a drug; and

• (d) the condition set out in sub-paragraph (2) below is satisfied or (if the court is considering on a second or subsequent occasion whether or not to grant bail) has been, and continues to be, satisfied.

• (2) The condition referred to is that after the taking and analysis of the sample—

• (a) a relevant assessment has been offered to the defendant but he does not agree to undergo it; or

• (b) he has undergone a relevant assessment, and relevant follow-up has been proposed to him, but he does not agree to participate in it.

• (3) In this paragraph and paragraph 6C below—

• (a) “Class A drug” and “misuse” have the same meaning as in the Misuse of Drugs Act 1971;

• (b) “relevant assessment” and “relevant follow-up” have the meaning given by section 3(6E) of this Act;

• (c) “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.

Exception applicable to drug users in certain areas

6C

Paragraph 6A above does not apply unless—

• (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 petty sessions area in which it appears to the court that the defendant would reside if granted bail; and

• (b) the notice has not been withdrawn.

8

• (1) 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—

• (a) for the purpose of preventing the occurrence of any of the events mentioned in paragraph 2(1) of this Part of this Schedule, or

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

• (1A) 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.

• (2) 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.

• (3) 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.

6C

Paragraph 6A above does not apply unless—

• (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 defendant would reside if granted bail; and

• (b) the notice has not been withdrawn.

Supplementary provisions about decisions on bail.

9

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—

• (a) the nature and seriousness of the offence or default (and the probable method of dealing with the defendant for it),

• (b) the character, antecedents, associations and community ties of the defendant,

• (c) the defendant’s record as respects the fulfilment of his obligations under previous grants of bail in criminal proceedings,

• (d) 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,

• (e) 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,

as well as to any others which appear to be relevant.

9AA

• (1) This paragraph applies if—

• (a) the defendant is a child or young person, and

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

• (2) 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.

9AB

• (1) Subject to sub-paragraph (2) below, this paragraph applies if—

• (a) the defendant is a child or young person, and

• (b) it appears to the court that, having been released on bail in or in connection with the proceedings for the offence, he failed to surrender to custody.

• (2) 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.

• (3) 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—

• (a) where the defendant did not have reasonable cause for his failure to surrender to custody, the fact that he failed to surrender to custody, or

• (b) where he did have reasonable cause for his failure to surrender to custody, the fact that he failed to surrender to custody at the appointed place as soon as reasonably practicable after the appointed time.

• (4) 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.

9A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provisions in cases of police bail.

Offence of absconding by person released on bail.

6B

• (1) A defendant falls within this paragraph if—

• (a) he is aged 18 or over;

• (b) a sample taken—

• (i) under section 63B of the Police and Criminal Evidence Act 1984 (testing for presence of Class A drugs) in connection with the offence; or

• (ii) under section 34A of the Sentencing Code (pre-sentence drug testing),

has revealed the presence in his body of a specified Class A drug;

• (c) either the offence is one under section 5(2) or (3) of the Misuse of Drugs Act 1971 and relates to a specified Class A drug, or the court is satisfied that there are substantial grounds for believing—

• (i) that misuse by him of any specified Class A drug caused or contributed to the offence; or

• (ii) (even if it did not) that the offence was motivated wholly or partly by his intended misuse of such a drug; and

• (d) the condition set out in sub-paragraph (2) below is satisfied or (if the court is considering on a second or subsequent occasion whether or not to grant bail) has been, and continues to be, satisfied.

• (2) The condition referred to is that after the taking and analysis of the sample—

• (a) a relevant assessment has been offered to the defendant but he does not agree to undergo it; or

• (b) he has undergone a relevant assessment, and relevant follow-up has been proposed to him, but he does not agree to participate in it.

• (3) In this paragraph and paragraph 6C below—

• (a) “Class A drug” and “misuse” have the same meaning as in the Misuse of Drugs Act 1971;

• (b) “relevant assessment” and “relevant follow-up” have the meaning given by section 3(6E) of this Act;

3AB

• (1) A court may not impose electronic monitoring requirements on a person who has attained the age of eighteen unless each of the following conditions is met.

• (2) The first condition is that the court is satisfied that without the electronic monitoring requirements the person would not be granted bail.

• (3) 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.

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

3AC

• (1) 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.

• (2) 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.

• (3) The Secretary of State may make rules for regulating—

• (a) the electronic monitoring of persons on bail;

• (b) without prejudice to the generality of paragraph (a), the functions of persons made responsible for such monitoring.

• (4) The rules may make different provision for different cases.

• (5) Any power of the Secretary of State to make an order or rules under this section is exercisable by statutory instrument.

• (6) A statutory instrument containing rules under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (7) For the purposes of section 3AA , 3AAA 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.

• (8) Nothing in sections 3, 3AA , 3AAA 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.

9A

• (1) This section applies whenever—

• (a) 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

• (b) the trial of that offence has not begun.

• (2) 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.

• (3) The duty in subsection (2) does not apply in relation to an offence if—

• (a) a determination under subsection (4) has already been made in relation to that offence; or

• (b) 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.

• (4) 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.

• (5) In this section—

• (a) “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);

• (b) “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

• (c) “the value involved” is to be construed in accordance with section 22(10) to (12) of that Act.

Part 1A — Defendants Accused or Convicted of Imprisonable Offences to which Part 1 does not apply

Application of Part 1A

1

The following provisions of this Part apply to the defendant if—

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

• (b) Part 1 does not apply to him by virtue of paragraph 1(2) of that Part.

Exceptions to right to bail

2

The defendant need not be granted bail if—

• (a) 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

• (b) 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.

3

The defendant need not be granted bail if—

• (a) it appears to the court that the defendant was on bail in criminal proceedings on the date of the offence; and

• (b) 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.

4

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—

• (a) physical or mental injury to any person other than the defendant; or

• (b) any person other than the defendant to fear physical or mental injury.

5

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.

6

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.

7

The defendant need not be granted bail if —

• (a) 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

• (b) 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).

8

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.

Application of paragraphs 6A to 6C of Part 1

9

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.

Bail with sureties.

6ZA

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.

3AAA

• (1) 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.

• (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 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

• (b) 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—

• (i) amount, or

• (ii) would, if the child or young person were convicted of that offence or those offences, amount,

to a recent history of committing imprisonable offences while 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 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.

• (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) 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 accused or convicted outside England and Wales, and

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

• (7) 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.

Offence of agreeing to indemnify sureties in criminal proceedings.

1A

• (1) 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—

• (a) the defendant has attained the age of 18,

• (b) the defendant has not been convicted of an offence in those proceedings, and

• (c) it appears to the court that there is no real prospect that the defendant will be sentenced to a custodial sentence in the proceedings.

• (2) The paragraphs are—

• (a) paragraph 2 (refusal of bail where defendant may fail to surrender to custody, commit offences on bail or interfere with witnesses),

• (b) paragraph 2A (refusal of bail where defendant appears to have committed indictable or either way offence while on bail), and

• (c) paragraph 6 (refusal of bail where defendant has been arrested under section 7).

2ZA

• (1) 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—

• (a) physical or mental injury to an associated person; or

• (b) an associated person to fear physical or mental injury.

• (2) 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.

1

Subject to paragraph 1A, the following provisions of this Part apply to the defendant if—

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

• (b) Part 1 does not apply to him by virtue of paragraph 1(2) of that Part.

1A

• (1) 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—

• (a) the defendant has attained the age of 18,

• (b) the defendant has not been convicted of an offence in those proceedings, and

• (c) it appears to the court that there is no real prospect that the defendant will be sentenced to a custodial sentence in the proceedings.

• (2) The paragraphs are—

• (a) paragraph 2 (refusal of bail for failure to surrender to custody),

• (b) paragraph 3 (refusal of bail where defendant would commit further offences on bail), and

• (c) paragraph 7 (refusal of bail in certain circumstances when arrested under section 7).

2

The defendant need not be granted bail if—

• (a) 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

• (b) 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.

3

The defendant need not be granted bail if—

• (a) it appears to the court that the defendant was on bail in criminal proceedings on the date of the offence; and

• (b) 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.

4

• (1) 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—

• (a) physical or mental injury to an associated person; or

• (b) an associated person to fear physical or mental injury.

• (2) 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.

5

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.

6

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.

7

The defendant need not be granted bail if —

• (a) 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

• (b) 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).

8

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.

6

• (1) The defendant need not be granted bail if—

• (a) having been released on bail in, or in connection with, the proceedings for the offence, the defendant has been arrested in pursuance of section 7, and

• (b) 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—

• (i) physical or mental injury to an associated person, or

• (ii) an associated person to fear physical or mental injury.

• (2) 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.