http://www.legislation.gov.uk/ukpga/1976/63/section/9Bail Act 1976An Act to make provision in relation to bail in or in connection with criminal proceedings in England and Wales, to make it an offence to agree to indemnify sureties in criminal proceedings, to make provision for legal aid limited to questions of bail in certain cases and for legal aid for persons kept in custody for inquiries or reports, to extend the powers of coroners to grant bail and for connected purposes.1978-06-01texttext/xmlenStatute Law Database2026-03-25Expert Participation2026-03-22 Bail Act 1976s. 5(6A)(a) (iia)Criminal Justice Act 2003Sch. 36 para. 2(3)s. 336(3) (4)Bail Act 1976s. 5(6A)(a) (iiia) and wordCriminal Justice Act 2003Sch. 36 para. 2(4)s. 336(3) (4)Bail Act 1976ActConstitutional Reform Act 2005Sch. 11 para. 4s. 148(1)art. 2(d)Bail Act 1976Blanket AmendmentConstitutional Reform Act 2005Sch. 11 para. 1(2)s. 148(1)art. 2(d)Bail Act 1976Sch. 1 Pt. 2 para. 3Mental Health Act 2025s. 49(4)s. 49(5)s. 56(3) 91If a person agrees with another to indemnify that other against any liability which that other may incur as a surety to secure the surrender to custody of a person accused or convicted of or under arrest for an offence, he and that other person shall be guilty of an offence.2An offence under subsection (1) above is committed whether the agreement is made before or after the person to be indemnified becomes a surety and whether or not he becomes a surety and whether the agreement contemplates compensation in money or in money’s worth.3Where a magistrates’ court convicts a person of an offence under subsection (1) above the court may, if it thinks—athat the circumstances of the offence are such that greater punishment should be inflicted for that offence than the court has power to inflict, orbin a case where it sends that person for trial to the Crown Court for another offence, that it would be appropriate for him to be dealt with for the offence under subsection (1) above by the court before which he is tried for the other offence,commit him in custody or on bail to the Crown Court for sentence.4A person guilty of an offence under subsection (1) above shall be liable—aon summary conviction, to imprisonment for a term not exceeding 3 months or to a fine not exceeding £400 or to both; orbon conviction on indictment or if sentenced by the Crown Court on committal for sentence under subsection (3) above, to imprisonment for a term not exceeding 12 months or to a fine or to both.5No proceedings for an offence under subsection (1) above shall be instituted except by or with the consent of the Director of Public Prosecutions.S. 9(5) explained by Criminal Jurisdiction Act 1975 (c. 59), s. 12Word in s. 9(3)(b) substituted (9.5.2005 for specified purposes, 18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 48(5); S.I. 2005/1267, art. 2(1)(2)(a), Sch. Pt. 1; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)