Bail Act 1976

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 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 [F1Part II of Schedule 2 to the Criminal Justice Act 1991 (breach of requirement of probation, community service, combination or curfew order)].

(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 [F2section 41 of the Magistrates’ Courts Act 1980] (restriction of bail by magistrates’ court in cases of treason).

Textual Amendments