Bail Act 1976

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 [F1 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 F2 ... discharging [F3 the offender] absolutely or conditionally,

and “convicted” shall be construed accordingly.

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

• [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,

• F7 ...

• [F8 “extradition proceedings” means proceedings under the Extradition Act 2003;]

• F7 ...

• “offence” includes an alleged offence,

• [F9 “probation hostel” means premises for the accommodation of persons who may be required to reside there [F10 by a community order under section 177 of the Criminal Justice Act 2003] ,]

• F11 ...

• [F8 “prosecutor”, in relation to extradition proceedings, means the person acting on behalf of the territory to which extradition is sought;]

• F7 ...

• “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

F1 Words in s. 2(1)(c) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 50(2)

F2 Words 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))

F3 Words 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))

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 Words 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)

F8 Words 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)

F9 Definition of “probation hostel” inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 50(3)(b)

F10 Words in s. 2(2) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 21(3); 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))

F11 Words 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)

Marginal Citations

M1 1968 c. 20.