SCHEDULES

SCHEDULE 1 Persons Entitled to Bail: Supplementary Provisions

Part I Defendants Accused or Convicted of Imprisonable Offences

F1Application of Part 1

Annotations:
Amendments (Textual)

F61

F41

F3Subject to sub-paragraph (2),F7and paragraph 1A the following provisions of this Part of this Schedule apply to the defendant if—

a

the offence or one of the offences of which he is accused or convicted in the proceedings is punishable with imprisonment, or

b

his extradition is sought in respect of an offence.

F52

But those provisions do not apply by virtue of sub-paragraph (1)(a) if the offence, or each of the offences punishable with imprisonment, is—

a

a summary offence; or

b

an offence mentioned in Schedule 2 to the Magistrates' Courts Act 1980 (offences for which the value involved is relevant to the mode of trial) in relation to which—

i

a determination has been made under section 22(2) of that Act (certain either way offences to be tried summarily if value involved is less than the relevant sum) that it is clear that the value does not exceed the relevant sum for the purposes of that section; or

ii

a determination has been made under section 9A(4) of this Act to the same effect.

F21A

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).