Criminal Justice and Public Order Act 1994 (c. 33)

SCHEDULE 3 E+W Bail: Supplementary Provisions

Magistrates’ Courts Act 1980 E+W

3 E+W After section 43A of the M1 Magistrates’ Courts Act 1980 there shall be inserted the following section—

“43B Power to grant bail where police bail has been granted.

(1) Where a custody officer—

(a) grants bail to any person under Part IV of the Police and Criminal Evidence Act 1984 in criminal proceedings and imposes conditions, or

(b) varies, in relation to any person, conditions of bail in criminal proceedings under section 3(8) of the Bail Act 1976,

a magistrates’ court may, on application by or on behalf of that person, grant bail or vary the conditions.

(2) On an application under subsection (1) the court, if it grants bail and imposes conditions or if it varies the conditions, may impose more onerous conditions.

(3) On determining an application under subsection (1) the court shall remand the applicant, in custody or on bail in accordance with the determination, and, where the court withholds bail or grants bail the grant of bail made by the custody officer shall lapse.

(4) In this section “bail in criminal proceedings” and “vary” have the same meanings as they have in the Bail Act 1976.”.

Marginal Citations

M1 1980 c. 43.