Bail Act 1976

Preliminary U.K.

1 Meaning of “bail in criminal proceedings”. E+W

(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.

(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.

F1 (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.

Extent Information

E1 For extent of s. 1 see s. 13(3)(4)

Textual Amendments

F1 S. 1(4) repealed (10.4.1995) by 1994 c. 33, s. 168(3), Sch.11; S.I. 1995/721, art. 2, Sch. AppendixB

Modifications etc. (not altering text)

C1 Definition in s. 1 applied ( 1. 4. 1991) by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 7A(4); S.I. 1991/608, art. 2, Sch.

2 Other definitions. E+W

(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 [F2 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 placing the offender on probation or discharging him absolutely or conditionally,

and “convicted” shall be construed accordingly.

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

• [F3 [F4 “bail hostel” means premises for the accommodation of persons remanded on bail,]]

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

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

• “court” includes a judge of a court, [F6 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,

• “Courts-Martial Appeal rules” means rules made under section 49 of the M1 Courts-Martial (Appeals) Act 1968,

• “Crown Court rules” means rules made under section 15 of the M2 Courts Act 1971,

• “magistrates’ courts rules” means rules made under section 15 of the Justices of the M3 Peace Act 1949.

• “offence” includes an alleged offence,

• [F7 “probation hostel” means premises for the accommodation of persons who may be required to reside there by a probation order,]

• “proceedings against a fugitive offender” means proceedings under [F8 the Extradition Act 1989] or section 2(1) or 4(3) of the M4 Backing of Warrants (Republic of Ireland) Act 1965,

• “Supreme Court rules” means rules made under section 99 of the M5 Supreme Court of Judicature (Consolidation) Act 1925,

• “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,

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

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

(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.

Textual Amendments

F2 Words in s. 2(1)(c) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 50(2)

F3 Definitions inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 52

F4 Words in s. 2(2) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 50(3)(a)

F5 Words in s. 2(2) repealed by Criminal Law Act 1977 (c. 45), Sch. 13

F6 Words ins. 2(2) substituted by Criminal Law Act 1977 (c. 45), Sch. 12

F7 Definition of “probation hostel” inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 50(3)(b)

F8 Words substituted by Extradition Act 1989 (c. 33, SIF 48), s. 36(3)

Marginal Citations

M1 1968 c. 20.

M2 1971 c. 23.

M3 1949 c. 101.

M4 1965 c. 45.

M5 1925 c. 49.

Incidents of bail in criminal proceedings E+W

3 General provisions. E+W

(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

(c) no other requirement shall be imposed on him as a condition of bail.

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

(5) F9 . . .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 F10 . . . to comply, before release on bail or later, with such requirements as appear to the court to be necessary to secure that—

(a) he surrenders to custody,

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

(c) he does not interfere with witnesses or otherwise obstruct the course of justice whether in relation to himself or any other person,

(d) 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.

[F11 (e) before the time appointed for him to surrender to custody, he attends an interview with an authorised advocate or authorised litigator, as defined by section 119(1) of the M6 Courts and Legal Services Act 1990;]

[F12 and, in any Act, “the normal powers to impose conditions of bail” means the powers to impose conditions under paragraph (a), (b) or (c) above]

[F13 (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.]

[F14 (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 [F15 section 12 of the Mental Health Act 1983].]

(7) If a parent or guardian of a child or young person consents to be surety for the child or young person for the purposes of this subsection, the parent or guardian may be required to secure that the child or young person complies with any requirement imposed on him by virtue of [F16 subsection (6) or (6A) above], but—

(a) no requirement shall be imposed on the parent or the guardian of a young person by virtue of this subsection where it appears that the young 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 [F17 that court or, where that court has committed a person on bail to the Crown Court for trial or 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 [F17 bail was] granted, or

(b) by the prosecutor or a constable,

vary the conditions of bail or impose conditions in respect of bail which [F17 has been] granted unconditionally.

[F18 (8A) Where a notice of transfer is given under [F19 a relevant transfer provision], subsection (8) above shall have effect in relation to a person in relation to whose case the notice is given as if he had been committed on bail to the Crown Court for trial.]

[F20 (8B) Subsection (8) above applies where a court has sent a person on bail to the Crown Court for trial under section 51 of the Crime and Disorder Act 1998 as it applies where a court has committed a person on bail to the Crown Court for trial.]

(9) This section is subject to [F21 subsection (3) of section 11 of the Powers of Criminal Courts (Sentencing) Act 2000] (conditions of bail on remand for medical examination).

[F22 (10) This section is subject, in its application to bail granted by a constable, to section 3A of this Act.]

[F23 (10) In subsection (8A) above “relevant transfer provision” means—

(a) section 4 of the Criminal Justice Act 1987, or

(b) section 53 of the Criminal Justice Act 1991.]

Textual Amendments

F9 Words in s. 3(5) repealed (30.9.1998) by 1998 c. 37, ss. 54(1), 120(2), Sch. 10; S.I. 1998/2327, art. 2(3)(n)

F10 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

F11 S. 3(6)(e) inserted (30.9.1998) by 1998 c. 37, s. 54(2); S.I. 1998/2327, art. 2(1)(n)

F12 Words at the end of s. 3(6) inserted (10.4.1995) by 1994 c. 33, s. 27(2)(b); S.I. 1995/721, art. 2, Sch.

F13 S. 3(6ZA) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 131(1), Sch. 8 para. 16

F14 S. 3(6A)(6B) inserted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), s. 34(2)

F15 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 46

F16 Words substituted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), s. 34(3)

F17 Words substituted by Criminal Law Act 1977 (c. 45), Sch. 12

F18 S. 3(8A) inserted by Criminal Justice Act 1987 (c. 38, SIF 39:1), s. 15, Sch. 2 para. 9

F19 Words in s. 3(8A) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 12(a); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

F20 S. 3(8B) inserted (the insertion being in force 4.1.1999 for the purposes as referred to in S.I. 1998/2327, art. 4(2)(c), Sch. 2 and otherwise 15.1.2001) by 1998 c. 37, s. 119, Sch. 8 para. 37; S.I. 2000/3283, art. 2(c)

F21 Words in s. 3(9) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 51

F22 S. 3(10) beginning "This section is" inserted (10.4.1995) by 1994 c. 33, s. 27(2)(c); S.I. 1995/721, art. 2, Sch.

F23 S. 3(10) beginning "In subsection (8A)" inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 12(b); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

Marginal Citations

M6 1990 c.41.

Valid from 01/03/2002

[F24 3AA AElectronic monitoring of compliance with bail conditions E+W

(1) A court shall not impose on a child or young person a requirement under section 3(6ZAA) above (an “electronic monitoring requirement”) unless each of the following conditions is satisfied.

(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 or sexual 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 to local authority accommodation.

(4) The third condition is that the court—

(a) has been notified by the Secretary of State that electronic monitoring arrangements are available in each petty sessions area which is a relevant area; and

(b) is satisfied that the necessary provision can be made under those arrangements.

(5) The fourth condition is that a youth offending team has informed the court that in its opinion the imposition of such a requirement will be suitable in the case of the child or young person.

(6) Where a court imposes an electronic monitoring requirement, the requirement shall include provision for making a person responsible for the monitoring; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.

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

(a) the electronic monitoring of compliance with requirements imposed on a child or young person as a condition of bail; and

(b) without prejudice to the generality of paragraph (a) above, the functions of persons made responsible for securing the electronic monitoring of compliance with such requirements.

(8) Rules under this section may make different provision for different cases.

(9) Any power of the Secretary of State to make an order or rules under this section shall be exercisable by statutory instrument.

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

(11) In this section “local authority accommodation” has the same meaning as in the Children and Young Persons Act 1969 (c. 54).

(12) For the purposes of this section a petty sessions 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.]

Textual Amendments

F24 S. 3AA inserted (1.3.2002) by 2001 c. 16, s. 131(2); S.I. 2002/344, art. 2 (with transitional provisions in art. 4)

[F25 3A Conditions of bail in case of police bail. E+W

(1) Section 3 of this Act applies, in relation to bail granted by a custody officer under Part IV of the M7 Police and Criminal Evidence Act 1984 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 [F26 paragraph (d) or (e)].

(3) Subsections (6ZA), (6A) and (6B) shall be omitted.

(4) For subsection (8), substitute the following—

”(8) 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 for the purpose of preventing that person from—

(a) failing to surrender to custody, or

(b) committing an offence while on bail, or

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

(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.]

Textual Amendments

F25 S. 3A inserted (10.4.1995) by 1994 c. 33, s. 27(3); S.I. 1995/721, art. 2, Sch.

F26 Words in s. 3A(2) substituted (30.9.1998) by 1998 c. 37, s. 54(3); S.I. 1998/2327, art.2(1)(n)

Marginal Citations

M7 1984 c. 60.

Bail for accused persons and others E+W

4 General right to bail of accused persons and others. E+W

(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 [F27 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 or proceedings against a fugitive offender for 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 to be dealt with under [F28 Part II of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 (breach of certain community orders)].

(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 [F29 section 41 of the Magistrates’ Courts Act 1980] (restriction of bail by magistrates’ court in cases of treason).

[F30 (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).]

Textual Amendments

F27 Words in s. 4(2)(b) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 33; S.I. 1995/721, art. 2, Sch. Appendix A

F28 Words in s. 4(3) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 52

F29 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 145

F30 S. 4(8) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 32; S.I. 1995/721, art. 2, Sch. Appendix A

Supplementary U.K.

5 Supplementary provisions about decisions on bail. E+W

(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 court or officer of a court appoints a different time or place for a person granted bail in criminal proceedings to surrender to custody, or

(d) a court [F31 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.

(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

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

and does so in relation to a person to whom section 4 of this Act applies, then the court shall, with a view to enabling him to consider making an application in the matter to another court, give reasons for withholding bail or for imposing or varying the conditions.

(4) A court which is by virtue of subsection (3) above required to give reasons for its decision shall include a note of those reasons in the record of its decision and shall (except in a case where, by virtue of subsection (5) below, this need not be done) give a copy of that note to the person in relation to whom the decision was taken.

(5) The Crown Court need not give a copy of the note of the reasons for its decision to the person in relation to whom the decision was taken where that person is represented by counsel or a solicitor unless his counsel or solicitor requests the court to do so.

(6) Where a magistrates’ court withholds bail in criminal proceedings from a person who is not represented by counsel or a solicitor, the court shall—

(a) if it is committing him for trial to the Crown Court [F32 or if it issues a certificate under subsection (6A) below], inform him that he may apply to the High Court or to the Crown Court to be granted bail;

(b) in any other case, inform him that he may apply to the High Court for that purpose.

[F33 (6A) Where in criminal proceedings—

(a) a magistrates’ court remands a person in custody under [F34 section 11 of the Powers of Criminal Courts (Sentencing) Act 2000 (remand for medical examination) or] any of the following provisions of the Magistrates’ Courts Act 1980—

(i) section 5 (adjournment of inquiry into offence);

(ii) section 10 (adjournment of trial); [F35 or]

[F36 (iii) section 18 (initial procedure on information against adult for offence triable either way),]

after hearing full argument on an application for bail from him; and

(b) either—

(i) it has not previously heard such argument on an application for bail from him in those proceedings; or

(ii) it has previously heard full argument from him on such an application but it is satisfied that there has been a change in his circumstances or that new considerations have been placed before it,

it shall be the duty of the court to issue a certificate in the prescribed form that they heard full argument on his application for bail before they refused the application.

(6B) Where the court issues a certificate under subsection (6A) above in a case to which paragraph (b)(ii) of that subsection applies, it shall state in the certificate the nature of the change of circumstances or the new considerations which caused it to hear a further fully argued bail application.

(6C) Where a court issues a certificate under subsection (6A) above it shall cause the person to whom it refuses bail to be given a copy of the certificate.]

(7) Where a person has given security in pursuance of section 3(5) above and a court is satisfied that he failed to surrender to custody then, unless it appears that he had reasonable cause for his failure, the court may order the forfeiture of the security.

(8) If a court orders the forfeiture of a security under subsection (7) above, the court may declare that the forfeiture extends to such amount less than the full value of the security as it thinks fit to order.

[F37 (8A) An order under subsection (7) above shall, unless previously revoked, have effect at the end of twenty-one days beginning with the day on which it is made.

(8B) A court which has ordered the forfeiture of a security under subsection (7) above may, if satisfied on an application made by or on behalf of the person who gave it that he did after all have reasonable cause for his failure to surrender to custody, by order remit the forfeiture or declare that it extends to such amount less than the full value of the security as it thinks fit to order.

(8C) An application under subsection (8B) above may be made before or after the order for forfeiture has taken effect, but shall not be entertained unless the court is satisfied that the prosecution was given reasonable notice of the applicant’s intention to make it.]

(9) A security which has been ordered to be forfeited by a court under subsection (7) above shall, to the extent of the forfeiture—

(a) if it consists of money, be accounted for and paid in the same manner as a fine imposed by that court would be;

(b) if it does not consist of money, be enforced by such magistrates’ court as may be specified in the order.

[F38 (9A) Where an order is made under subsection (8B) above after the order for forfeiture of the security in question has taken effect, any money which would have fallen to be repaid or paid over to the person who gave the security if the order under subsection (8B) had been made before the order for forfeiture took effect shall be repaid or paid over to him.]

(10) In this section “prescribed” means, in relation to the decision of a court or an officer of a court, prescribed by Supreme Court rules, Courts-Martial Appeal rules, Crown Court rules or magistrates’ courts rules, as the case requires or, in relation to a decision of a constable, prescribed by direction of the Secretary of State.

[F39 (11) This section is subject, in its application to bail granted by a constable, to section 5A of this Act.]

Textual Amendments

F31 Words in s. 5(1)(d) inserted (10.4.1995) by 1994 c. 33, s. 27(4), Sch. 3 para. 1(a); S.I. 1995/721, art. 2, Sch.

F32 Words inserted as provided by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 60(2)(3)

F33 S. 5(6A)–(6C) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 60(2)(3)

F34 Words in s. 5(6A)(a) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 53(a)

F35 Word in s. 5(6A)(a)(ii) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 53(b)

F36 S. 5(6A)(a)(iii) substituted (25.8.2000) for s. 5(6A)(a)(iii)(iv) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 53(c)

F37 S. 5(8A)–(8C) inserted by Criminal Law Act 1977 (c. 45), Sch. 12

F38 S. 5(9A) inserted by Criminal Law Act 1977 (c. 45), Sch. 12

F39 S. 5(11) inserted (10.4.1995) by 1994 c. 33, s. 27(4), Sch. 3 para. 1(b); S.I. 1995/721, art. 2, Sch.

[F40 5A Supplementary provisions in cases of police bail. E+W

(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 in cases where the normal powers to impose conditions of bail are available to him, subject to the following modifications.

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

”(3) 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, with a view to enabling that person to consider requesting him or another custody officer, or making an application to a magistrates’ court, to vary the conditions, give reasons for imposing or varying the conditions.”.

(3) For subsection (4) substitute the following—

”(4) 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.]

Textual Amendments

F40 S. 5A inserted (10.4.1995) by 1994 c. 33, s. 27(4),Sch. 3 para.2; S.I. 1995/721, art. 2,Sch.

[5B Reconsideration of decisions granting bail. E+W

(1) Where a magistrates’ court has granted bail in criminal proceedings in connection with an offence, or proceedings for an offence, to which this section applies or a constable has granted bail in criminal proceedings in connection with proceedings for such an offence, that 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 for the petty sessions area in which he was arrested 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.

(9) Magistrates’ court 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.]

Extent Information

E2 S. 5B inserted (10.4.1995) by 1994 c. 33, s.30; S.I. 1995/721, art. 2,Sch.

6 Offence of absconding by person released on bail. U.K.

(1) If a person who has been released on bail in criminal proceedings fails without reasonable cause to surrender to custody he shall be guilty of an offence.

(2) If a person who—

(a) has been released on bail in criminal proceedings, and

(b) having reasonable cause therefor, has failed to surrender to custody,

fails to surrender to custody at the appointed place as soon after the appointed time as is reasonably practicable he shall be guilty of an offence.

(3) It shall be for the accused to prove that he had reasonable cause for his failure to surrender to custody.

(4) A failure to give to a person granted bail in criminal proceedings a copy of the record of the decision shall not constitute a reasonable cause for that person’s failure to surrender to custody.

(5) An offence under subsection (1) or (2) above shall be punishable either on summary conviction or as if it were a criminal contempt of court.

(6) Where a magistrates’ court convicts a person of an offence under subsection (1) or (2) above the court may, if it thinks—

(a) that the circumstances of the offence are such that greater punishment should be inflicted for that offence than the court has power to inflict, or

(b) in a case where it commits that person for trial to the Crown Court for another offence, that it would be appropriate for him to be dealt with for the offence under subsection (1) or (2) above by the court before which he is tried for the other offence,

commit him in custody or on bail to the Crown Court for sentence.

(7) A person who is convicted summarily of an offence under subsection (1) or (2) above and is not committed to the Crown Court for sentence shall be liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding [F41 level 5 on the standard scale] or to both and a person who is so committed for sentence or is dealt with as for such a contempt shall be liable to imprisonment for a term not exceeding 12 months or to a fine or to both.

(8) In any proceedings for an offence under subsection (1) or (2) above a document purporting to be a copy of the part of the prescribed record which relates to the time and place appointed for the person specified in the record to surrender to custody and to be duly certified to be a true copy of that part of the record shall be evidence of the time and place appointed for that person to surrender to custody.

(9) For the purposes of subsection (8) above—

(a) “the prescribed record” means the record of the decision of the court, officer or constable made in pursuance of section 5(1) of this Act;

(b) the copy of the prescribed record is duly certified if it is certified by the appropriate officer of the court or, as the case may be, by the constable who took the decision or a constable designated for the purpose by the officer in charge of the police station from which the person to whom the record relates was released;

(c) “the appropriate officer” of the court is—

(i) in the case of a magistrates’ court, the justices’ clerk or such other officer as may be authorised by him to act for the purpose;

(ii) in the case of the Crown Court, such officer as may be designated for the purpose in accordance with arrangements made by the Lord Chancellor;

(iii) in the case of the High Court, such officer as may be designated for the purpose in accordance with arrangements made by the Lord Chancellor;

(iv) in the case of the Court of Appeal, the registrar of criminal appeals or such other officer as may be authorised by him to act for the purpose;

(v) in the case of the Courts-Martial Appeal Court, the registrar or such other officer as may be authorised by him to act for the purpose.

Extent Information

E3 For extent of s. 1 see s. 13(3)

Textual Amendments

F41 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) by S.I. 1984/703 (N.I. 3), arts. 5, 6

7 Liability to arrest for absconding or breaking conditions of bail. E+W

(1) If a person who has been released on bail in criminal proceedings and is under a duty to surrender into the custody of a court fails to surrender to custody at the time appointed for him to do so the court may issue a warrant for his arrest.

(2) If a person who has been released on bail in criminal proceedings absents himself from the court at any time after he has surrendered into the custody of the court and before the court is ready to begin or to resume the hearing of the proceedings, the court may issue a warrant for his arrest; but no warrant shall be issued under this subsection where that person is absent in accordance with leave given to him by or on behalf of the court.

(3) A person who has been released on bail in criminal proceedings and is under a duty to surrender into the custody of a court may be arrested without warrant by a constable—

(a) if the constable has reasonable grounds for believing that that person is not likely to surrender to custody;

(b) if the constable has reasonable grounds for believing that that person is likely to break any of the conditions of his bail or has reasonable grounds for suspecting that that person has broken any of those conditions; or

(c) in a case where that person was released on bail with one or more surety or sureties, if a surety notifies a constable in writing that that person is unlikely to surrender to custody and that for that reason the surety wishes to be relieved of his obligations as a surety.

(4) a person arrested in pursuance of subsection (3) above—

(a) shall, except where he was arrested within 24 hours of the time appointed for him to surrender to custody, be brought as soon as practicable and in any event within 24 hours after his arrest before a justice of the peace for the petty sessions area in which he was arrested; and

(b) in the said excepted case shall be brought before the court at which he was to have surrendered to custody.

[F42 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.]

(5) A justice of the peace before whom a person is brought under subsection (4) above may, subject to subsection (6) below, if of the opinion that that person—

(a) is not likely to surrender to custody, or

(b) has broken or is likely to break any condition of his bail,

remand him in custody or commit him to custody, as the case may require, or alternatively, grant him bail subject to the same or to different conditions, but if not of that opinion shall grant him bail subject to the same conditions (if any) as were originally imposed.

(6) Where the person so brought before the justice is a child or young person and the justice does not grant him bail, subsection (5) above shall have effect subject to the provisions of section 23 of the M8 Children and Young Persons Act 1969 (remands to the care of local authorities).

Textual Amendments

F42 Words inserted by Criminal Law Act 1977 (c. 45), Sch. 12

Marginal Citations

M8 1969 c. 54.

8 Bail with sureties. E+W+S

(1) This section applies where a person is granted bail in criminal proceedings on condition that he provides one or more surety or sureties for the purpose of securing that he surrenders to custody.

(2) In considering the suitability for that purpose of a proposed surety, regard may be had (amongst other things) to—

(a) the surety’s financial resources;

(b) his character and any previous convictions of his; and

(c) his proximity (whether in point of kinship, place of residence or otherwise) to the person for whom he is to be surety.

(3) Where a court grants a person bail in criminal proceedings on such a condition but is unable to release him because no surety or no suitable surety is available, the court shall fix the amount in which the surety is to be bound and subsections (4) and (5) below, or in a case where the proposed surety resides in Scotland subsection (6) below, shall apply for the purpose of enabling the recognizance of the surety to be entered into subsequently.

(4) Where this subsection applies the recognizance of the surety may be entered into before such of the following persons or descriptions of persons as the court may by order specify or, if it makes no such order, before any of the following persons, that is to say—

(a) where the decision is taken by a magistrates’ court, before a justice of the peace, a justices’ clerk or a police officer who either is of the rank of inspector or above or is in charge of a police station or, if magistrates’ courts rules so provide, by a person of such other description as is specified in the rules;

(b) where the decision is taken by the Crown Court, before any of the persons specified in paragraph (a) above or, if Crown Court rules so provide, by a person of such other description as is specified in the rules;

(c) where the decision is taken by the High Court or the Court of Appeal, before any of the persons specified in paragraph (a) above or, if Supreme Court rules so provide, by a person of such other description as is specified in the rules;

(d) where the decision is taken by the Courts-Martial Appeal Court, before any of the persons specified in paragraph (a) above or, if Courts-Martial Appeal rules so provide, by a person of such other description as is specified in the rules;

and Supreme Court rules, Crown Court rules, Courts-Martial Appeal rules or magistrates’ courts rules may also prescribe the manner in which a recognizance which is to be entered into before such a person is to be entered into and the persons by whom and the manner in which the recognizance may be enforced.

(5) Where a surety seeks to enter into his recognizance before any person in accordance with subsection (4) above but that person declines to take his recognizance because he is not satisfied of the surety’s suitability, the surety may apply to—

(a) the court which fixed the amount of the recognizance in which the surety was to be bound, or

(b) a magistrates’ court for the petty sessions area in which he resides,

for that court to take his recognizance and that court shall, if satisfied of his suitability, take his recognizance.

(6) Where this subsection applies, the court, if satisfied of the suitability of the proposed surety, may direct that arrangements be made for the recognizance of the surety to be entered into in Scotland before any constable, within the meaning of the M9 Police (Scotland) Act 1967, having charge at any police office or station in like manner as the recognizance would be entered into in England or Wales.

(7) Where, in pursuance of subsection (4) or (6) above, a recognizance is entered into otherwise than before the court that fixed the amount of the recognizance, the same consequences shall follow as if it had been entered into before that court.

Marginal Citations

M9 1967 c. 77.

Miscellaneous E+W

9 Offence of agreeing to indemnify sureties in criminal proceedings. E+W

(1) If a person agrees with another to indemnify that other against any liability which that other may incur as a surety to secure the surrender to custody of a person accused or convicted of or under arrest for an offence, he and that other person shall be guilty of an offence.

(2) An offence under subsection (1) above is committed whether the agreement is made before or after the person to be indemnified becomes a surety and whether or not he becomes a surety and whether the agreement contemplates compensation in money or in money’s worth.

(3) Where a magistrates’ court convicts a person of an offence under subsection (1) above the court may, if it thinks—

(a) that the circumstances of the offence are such that greater punishment should be inflicted for that offence than the court has power to inflict, or

(b) in a case where it commits that person for trial to the Crown Court for another offence, that it would be appropriate for him to be dealt with for the offence under subsection (1) above by the court before which he is tried for the other offence,

commit him in custody or on bail to the Crown Court for sentence.

(4) A person guilty of an offence under subsection (1) above shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine not exceeding £400 or to both; or

(b) on conviction on indictment or if sentenced by the Crown Court on committal for sentence under subsection (3) above, to imprisonment for a term not exceeding 12 months or to a fine or to both.

(5) No proceedings for an offence under subsection (1) above shall be instituted except by or with the consent of the Director of Public Prosecutions.

Modifications etc. (not altering text)

C2 S. 9(5) explained by Criminal Jurisdiction Act 1975 (c. 59), s. 12

10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43 E+W

Textual Amendments

F43 S. 10 repealed by Criminal Law Act 1977 (c. 45), Sch. 13

11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44 E+W

Textual Amendments

F44 S. 11 repealed by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 45, Sch. 6

12 Amendments, repeals and transitional provisions. E+W

(1) Schedule 2 to this Act (which contains consequential and minor amendments of enactments) shall have effect.

(2) The enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(3) The transitional provisions contained in Schedule 4 to this Act shall have effect.

Modifications etc. (not altering text)

C3 The text of s. 12(1)(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

13 Short title, commencement, application and extent. E+W

(1) This act may be cited as the Bail Act 1976.

(2) This Act (except this section) shall come into force on such day as the Secretary of State may by order in a statutory instrument appoint.

(3) Section 1 of this Act applies to bail grantable by the Courts-Martial Appeal Court when sitting outside England and Wales and accordingly section 6 of this Act applies to a failure outside England and Wales by a person granted bail by that Court to surrender to custody.

(4) Except as provided by subsection (3) above and with the exception of so much of section 8 as relates to entering into recognizances in Scotland and paragraphs 31 and 46 of Schedule 2 to this Act, this Act does not extend beyond England and Wales.

Modifications etc. (not altering text)

C4 17.4.1978 appointed under s. 13(2) by S.I. 1978/132