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SCHEDULE 3E+W Bail: Supplementary Provisions

Bail Act 1976E+W

1Section 5 of the M1Bail Act 1976 (supplementary provisions about decisions on bail) shall be amended as follows—E+W

(a)in subsection (1)(d), after the words “a court” there shall be inserted the words “ or constable ”; and

(b)after subsection (10), there shall be inserted the following subsection—

(11)This section is subject, in its application to bail granted by a constable, to section 5A of this Act..


Marginal Citations

2After section 5 of the Bail Act 1976 there shall be inserted the following section—E+W

5A Supplementary provisions in cases of police bail.

(1)Section 5 of this Act applies, in relation to bail granted by a custody officer under Part IV of the Police and Criminal Evidence Act 1984 in cases where the normal powers to impose conditions of bail are available to him, subject to the following modifications.

(2)For subsection (3) substitute the following—

”(3)Where a custody officer, in relation to any person,—

(a)imposes conditions in granting bail in criminal proceedings, or

(b)varies any conditions of bail or imposes conditions in respect of bail in criminal proceedings,

the custody officer shall, with a view to enabling that person to consider requesting him or another custody officer, or making an application to a magistrates’ court, to vary the conditions, give reasons for imposing or varying the conditions.”.

(3)For subsection (4) substitute the following—

”(4)A custody officer who is by virtue of subsection (3) above required to give reasons for his decision shall include a note of those reasons in the custody record and shall give a copy of that note to the person in relation to whom the decision was taken.”.

(4)Subsections (5) and (6) shall be omitted..