(1)A person who in any proceedings has been charged with or convicted of an offence to which this section applies in circumstances to which it applies [F1shall be granted bail in those proceedings only if the court or, as the case may be, the constable considering the grant of bail is satisfied that there are exceptional circumstances which justify it].
(2)This section applies, subject to subsection (3) below, to the following offences, that is to say—
(a)murder;
(b)attempted murder;
(c)manslaughter;
(d)rape; or
(e)attempted rape.
(3)This section applies to a person charged with or convicted of any such offence only if he has been previously convicted by or before a court in any part of the United Kingdom of any such offence or of culpable homicide and, in the case of a previous conviction of manslaughter or of culpable homicide, if he was then sentenced to imprisonment or, if he was then a child or young person, to long-term detention under any of the relevant enactments.
(4)This section applies whether or not an appeal is pending against conviction or sentence.
(5)In this section—
“conviction” includes—
(a)a finding that a person is not guilty by reason of insanity;
(b)a finding under section 4A(3) of the M1Criminal Procedure (Insanity) Act 1964 (cases of unfitness to plead) that a person did the act or made the omission charged against him; and
(c)a conviction of an offence for which an order is made placing the offender on probation or discharging him absolutely or conditionally;
and “convicted” shall be construed accordingly; and
“the relevant enactments” means—
(a)as respects England and Wales, [F2section 91 of the Powers of Criminal Courts (Sentencing) Act 2000];
[F3(b)as respects Scotland, sections 205(1) to (3) and 208 of the Criminal Procedure (Scotland) Act 1995;]
(c)as respects Northern Ireland, section 73(2) of the M2Children and Young Persons Act (Northern Ireland) 1968.
(6)This section does not apply in relation to proceedings instituted before its commencement.
Textual Amendments
F1Words in s. 25(1) substituted (30.9.1998) by 1998 c. 37, s. 56 (with Sch. 9); S.I. 1998/2327, art. 2(1)(n)
F2S. 25(5): Words in para. (a) of the definition of “the relevant enactments” substituted (25.8.2000) by 2000 c. 6, ss. 165, 168, Sch. 9 para. 160
F3S. 25(5): sub-para.(b) in definition of “the relevant enactments” substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 93(2) (with s. 4, Sch. 3)
Marginal Citations