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Legal Aid, Sentencing and Punishment of Offenders Act 2012

Chapter 2: Bail

37.Chapter 2 makes a number of changes (contained in Schedule 11) to restrict the court’s powers to remand adult unconvicted defendants in custody where it is apparent that there is no real prospect that the defendant would receive a custodial sentence if convicted. A court would still be able to remand in custody for the defendant’s own protection, or where there was a risk of further offending involving domestic violence.

38.A similar restriction on the remand to youth detention accommodation of defendants under 18 is made by Chapter 3 of Part 3 of the Act.

39.The definition of ‘young person’ in the Bail Act 1976 is amended to include 17 year olds. This amendment is made as a consequence of changes to the provisions about remands for youths, the provisions for which are set out in Chapter 3 of Part 3 of the Act.

40.In addition, the Bail (Amendment) Act 1993 is amended so that the prosecution may appeal to the High Court against the decision of the judge of a Crown Court to grant bail to a person charged with or convicted of an imprisonable offence.

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