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Bail Act 1976

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Bail Act 1976, Section 4 is up to date with all changes known to be in force on or before 22 March 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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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 [F1or 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 F2....

[F3(2A)This section also applies to a person whose extradition is sought in respect of an offence, when—

(a)he appears or is brought before a court in the course of or in connection with extradition proceedings in respect of the offence, or

(b)he applies to a court for bail or for a variation of the conditions of bail in connection with the proceedings.

(2B)But subsection (2A) above does not apply if the person is alleged [F4to have been convicted] of 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 [F5or the Crown Court F6... under—

[F7(za)Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000 (referral orders: referral back to appropriate court),

(zb)Schedule 8 to that Act (breach of reparation order),]

[F8(a)Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach, revocation or amendment of youth rehabilitation orders), F9...]

(b)Part 2 of Schedule 8 to the Criminal Justice Act 2003 (breach of requirement of community order)] [F10, or

(c)the Schedule to the Street Offences Act 1959 (breach of orders under section 1(2A) of that Act)].

(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 [F11section 41 of the Magistrates’ Courts Act 1980] (restriction of bail by magistrates’ court in cases of treason) [F12and section 115(1) of the Coroners and Justice Act 2009 (bail decisions in murder cases to be made by Crown Court judge)].

[F13(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).]

[F14(9)In taking any decisions required by Part I or II of Schedule 1 to this Act, the considerations to which the court is to have regard include, so far as relevant, any misuse of controlled drugs by the defendant (“controlled drugs” and “misuse” having the same meanings as in the M1Misuse of Drugs Act 1971).]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words 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

F2Words in s. 4(2) repealed (1.1.2004) by Extradition Act 2003 (c. 41), ss. 198(4), 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)

F3S. 4(2A)(2B) inserted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 198(5), 221; S.I. 2003/3103, art. 2 (with arts. 3, 4) (as amended (18.12.2003) by S.I. 2003/3312, art. 2)

F5Words in s. 4(3) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 22; 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))

F13S. 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

F14S. 4(9) inserted (2.7.2001) by 2000 c. 43, s. 58; S.I. 2001/2232, art. 2(g)

Modifications etc. (not altering text)

C1S. 4 applied (with modifications) (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 90(4), 336(3)(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (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))

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