SCHEDULES

SCHEDULE 9 Consequential amendments

Bail Act 1976 (c. 63)

50

1

Section 2 of the Bail Act 1976 (definitions) shall be amended as follows.

2

In subsection (1)(c), for “section 30(1) of the Magistrates’ Courts Act 1980” there shall be substituted “ section 11(1) of the Powers of Criminal Courts (Sentencing) Act 2000 ”.

3

In subsection (2)—

a

for the definition of “bail hostel” and “probation hostel” there shall be substituted the following definition—

“bail hostel” means premises for the accommodation of persons remanded on bail,

and

b

after the definition of “offence” there shall be inserted the following definition—

“probation hostel” means premises for the accommodation of persons who may be required to reside there by a probation order,

51

In section 3 of the Bail Act 1976 (general provisions), in subsection (9), for “subsection (2) of section 30 of the Magistrates’ Courts Act 1980” there shall be substituted “ subsection (3) of section 11 of the Powers of Criminal Courts (Sentencing) Act 2000 ”.

52

In section 4 of the Bail Act 1976 (general right to bail of accused person and others), in subsection (3), for “Part II of Schedule 2 to the Criminal Justice Act 1991 (breach of requirement of probation, community service, combination or curfew order)” there shall be substituted “ Part II of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 (breach of certain community orders) ”.

53

In section 5 of the Bail Act 1976 (supplementary provisions about decisions on bail), in subsection (6A)(a)—

a

after the words “in custody under” there shall be inserted “ section 11 of the Powers of Criminal Courts (Sentencing) Act 2000 (remand for medical examination) or ”;

b

at the end of sub-paragraph (ii) there shall be inserted “ or ”; and

c

for sub-paragraphs (iii) and (iv) there shall be substituted the following sub-paragraph—

iii

section 18 (initial procedure on information against adult for offence triable either way),

54

1

Schedule 1 to the Bail Act 1976 (persons entitled to bail: supplementary provisions) shall be amended as follows.

2

In Part I, in paragraph 8(3)—

a

for “section 30(2) of the Magistrates’ Courts Act 1980” there shall be substituted “ section 11(3) of the Powers of Criminal Courts (Sentencing) Act 2000 ”; and

b

for “the said section 30(2)” there shall be substituted “ the said section 11(3) ”.

3

In Part III, in paragraph 4, in the definition of “default”, for “section 6 or 16 of the Powers of Criminal Courts Act 1973” there shall be substituted “ Part II of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 ”.