Legal Aid, Sentencing and Punishment of Offenders Act 2012

Bail Act 1976 (c. 63)

This section has no associated Explanatory Notes

8(1)Section 7 (liability to arrest for absconding or breaking conditions of bail) is amended as follows.

(2)In subsection (5) for “subsection (6)” substitute “subsections (5A) and (6)”.

(3)After subsection (5) insert—

(5A)A justice of the peace may not remand a person in, or commit a person to, custody under subsection (5) if—

(a)the person has attained the age of eighteen,

(b)the person was released on bail in non-extradition proceedings,

(c)the person has not been convicted of an offence in those proceedings, and

(d)it appears to the justice of the peace that there is no real prospect that the person will be sentenced to a custodial sentence in the proceedings.

(4)In subsection (6) for “the person so brought before the justice” substitute “a person brought before a justice under subsection (4) or (4B)”.