Criminal Justice and Public Order Act 1994

25 No bail for defendants charged with or convicted of homicide or rape after previous conviction of such offences. E+W

(1) A person who in any proceedings has been charged with or convicted of an offence to which this section applies in circumstances to which it applies [F1 shall be granted bail in those proceedings only if the court or, as the case may be, the constable considering the grant of bail is satisfied that there are exceptional circumstances which justify it].

(2) This section applies, subject to subsection (3) below, to the following offences, that is to say—

(a) murder;

(b) attempted murder;

(c) manslaughter;

[F2 (d) rape under the law of Scotland or Northern Ireland;

(e) an offence under section 1 of the Sexual Offences Act 1956 (rape);

(f) an offence under section 1 of the Sexual Offences Act 2003 (rape);

(g) an offence under section 2 of that Act (assault by penetration);

(h) an offence under section 4 of that Act (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;

(i) an offence under section 5 of that Act (rape of a child under 13);

(j) an offence under section 6 of that Act (assault of a child under 13 by penetration);

(k) an offence under section 8 of that Act (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;

(l) an offence under section 30 of that Act (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section;

(m) an offence under section 31 of that Act (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;

(n) an attempt to commit an offence within any of paragraphs (d) to (m).]

(3) This section applies to a person charged with or convicted of any such offence only if he has been previously convicted by or before a court in any part of the United Kingdom of any such offence or of culpable homicide and, in the case of a previous conviction of manslaughter or of culpable homicide, if he was then sentenced to imprisonment or, if he was then a child or young person, to long-term detention under any of the relevant enactments.

(4) This section applies whether or not an appeal is pending against conviction or sentence.

(5) In this section—

• “conviction” includes—

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

(b) a finding under section 4A(3) of the M1 Criminal Procedure (Insanity) Act 1964 (cases of unfitness to plead) that a person did the act or made the omission charged against him; and

(c) a conviction of an offence for which an order is made F3 . . . discharging [F4 the offender] absolutely or conditionally;

and “convicted” shall be construed accordingly; and

• “the relevant enactments” means—

(a) as respects England and Wales, [F5 section 91 of the Powers of Criminal Courts (Sentencing) Act 2000];

[F6 (b) as respects Scotland, sections 205(1) to (3) and 208 of the Criminal Procedure (Scotland) Act 1995;]

(c) as respects Northern Ireland, section 73(2) of the M2 Children and Young Persons Act (Northern Ireland) 1968.

(6) This section does not apply in relation to proceedings instituted before its commencement.

Textual Amendments

F1 Words in s. 25(1) substituted (30.9.1998) by 1998 c. 37, s. 56 (with Sch. 9); S.I. 1998/2327, art. 2(1)(n)

F2 S. 25(2)(d)-(n) substituted (1.5.2004 ) for s. 25(2)(d)(e) by Sexual Offences Act 2003 (c. 42), ss. 141, 139, Sch. 6 para. 32(2); S.I. 2004/874, art. 2

F3 Words in s. 25(5) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 332, 336, Sch. 32 para. 67(a), Sch. 37 Pt. 7; S.I. 2005/950, art. 2, Sch. 1 paras. 23, 42(27), 44(4)(m) (subject to art. 2(2) and Sch. 2) (as amended by S.I. 2005/2122, art. 2)

F4 Words in s. 25(5) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 67(b); S.I. 2005/950, art. 2, Sch. 1 paras. 23, 42(27) (subject to art. 2(2) and Sch. 2) (as amended by S.I. 2005/2122, art. 2)

F5 S. 25(5): Words in para. (a) of the definition of “the relevant enactments” substituted (25.8.2000) by 2000 c. 6, ss. 165, 168, Sch. 9 para. 160

F6 S. 25(5): sub-para.(b) in definition of “the relevant enactments” substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 93(2) (with s. 4, Sch. 3)

Marginal Citations

M1 1964 c. 84.

M2 1968 c. 34 (N.I.).