(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 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 [F2Part II of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 (breach of certain community orders)].
(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 [F3section 41 of the Magistrates’ Courts Act 1980] (restriction of bail by magistrates’ court in cases of treason).
[F4(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).]
Textual Amendments
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(3) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 52
F3Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 145
F4S. 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