(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.[F1, or
(c)bail grantable in connection with extradition proceedings in respect of an offence.]
(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.
F2(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
E1For extent of s. 1 see s. 13(3)(4)
Textual Amendments
F1S. 1(1)(c) and word inserted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 198(2), 221; S.I. 2003/3103, art. 2 (with arts. 3, 4) (as amended (18.12.2003) by S.I. 2003/3312, art. 2)
F2S. 1(4) repealed (10.4.1995) by 1994 c. 33, s. 168(3), Sch.11; S.I. 1995/721, art. 2, Sch.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)
C1Definition 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.
(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 [F3section 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 F4... discharging [F5the offender] absolutely or conditionally,
and “convicted” shall be construed accordingly.
(2)In this Act, unless the context otherwise requires—
[F6“bail hostel” means premises for the accommodation of persons remanded on bail,]
[F7“bail in non-extradition proceedings” means bail in criminal proceedings of the kind mentioned in section 1(1)(a),]
“child” means a person under the age of fourteen,
F8...
“court” includes a judge of a court, [F9or 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,
[F10“Court Martial Appeal Rules” means rules made under section 49 of the Court Martial Appeals Act 1968,]
[F7“custodial sentence” means a sentence or order mentioned in [F11section 222(1) of the Sentencing Code] or any corresponding sentence or order imposed or made under any earlier enactment,]
F12...
[F13“extradition proceedings” means proceedings under the Extradition Act 2003;]
F12...
[F7“imprisonable offence” means an offence punishable in the case of an adult with imprisonment,]
“offence” includes an alleged offence,
[F14“probation hostel” means premises for the accommodation of persons who may be required to reside there [F15by a community order under Chapter 2 of Part 9 of the Sentencing Code],]
F16...
[F13“prosecutor”, in relation to extradition proceedings, means the person acting on behalf of the territory to which extradition is sought;]
[F7“sexual offence” means an offence specified in Part 2 of [F17Schedule 18 to the Sentencing Code],]
F12...
“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,
[F18“terrorism offence” means an offence specified in Part 3 of [F19Schedule 18 to the Sentencing Code],]
“vary”, in relation to bail, means imposing further conditions after bail is granted, or varying or rescinding conditions,
[F7“violent offence” means murder or an offence specified in Part 1 of [F20Schedule 18 to the Sentencing Code],]
“young person” means a person who has attained the age of fourteen and is under the age of [F21eighteen].
(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
F3Words in s. 2(1)(c) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 50(2)
F4Words in s. 2(1)(d) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 21(2)(a), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 42(12), 44(4)(e) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F5Words in s. 2(1)(d) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 21(2)(b); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(12) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F6Words in s. 2(2) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 50(3)(a)
F7Words in s. 2(2) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 2(a); S.I. 2012/2906, art. 2(i)
F8Words in s. 2(2) repealed by Criminal Law Act 1977 (c. 45), Sch. 13
F9Words ins. 2(2) substituted by Criminal Law Act 1977 (c. 45), Sch. 12
F10Words in s. 2(2) 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. 73; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F11Words in s. 2(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 35(a) (with Sch. 27); S.I. 2020/1236, reg. 2
F12Words in s. 2 repealed (1.9.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 180, Sch. 10; S.I. 2004/2066, art. 2(d)(iii) (with art. 3)
F13Words in s. 2(2) inserted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 198(3), 221; S.I. 2003/3103, art. 2 (with arts. 3, 4) (as amended (18.12.2003) by S.I. 2003/3312, art. 2)
F14Definition of “probation hostel” inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 50(3)(b)
F15Words in s. 2(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 35(b) (with Sch. 27); S.I. 2020/1236, reg. 2
F16Words in s. 2(2) repealed (1.1.2004) by Extradition Act 2003 (c. 41), ss. 198(3), 221, Sch. 4; S.I. 2003/3103, art. 2 (with arts. 3, 4) (as amended (18.12.2003) by S.I. 2003/3312, art. 2)
F17Words in s. 2(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 35(c) (with Sch. 27); S.I. 2020/1236, reg. 2
F18Words in s. 2(2) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 3(2) (with s. 25(3)(4))
F19Words in s. 2(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 35(d) (with Sch. 27); S.I. 2020/1236, reg. 2
F20Words in s. 2(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 35(e) (with Sch. 27); S.I. 2020/1236, reg. 2
F21Word in s. 2(2) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 2(b); S.I. 2012/2906, art. 2(i)