Part 2

Bail

Absconding by persons released on bail
15
1
For paragraph 6 of Part 1 of Schedule 1 to the 1976 Act (defendant need not be granted bail if having been released on bail he has been arrested in pursuance of section 7) there is substituted—
6
1
If the defendant falls within this paragraph, he may not be granted bail unless the court is satisfied that there is no significant risk that, if released on bail (whether subject to conditions or not), he would fail to surrender to custody.
2
Subject to sub-paragraph (3) below, the defendant falls within this paragraph if—
a
he is aged 18 or over, and
b
it appears to the court that, having been released on bail in or in connection with the proceedings for the offence, he failed to surrender to custody.
3
Where it appears to the court that the defendant had reasonable cause for his failure to surrender to custody, he does not fall within this paragraph unless it also appears to the court that he failed to surrender to custody at the appointed place as soon as reasonably practicable after the appointed time.
4
For the purposes of sub-paragraph (3) above, a failure to give to the defendant a copy of the record of the decision to grant him bail shall not constitute a reasonable cause for his failure to surrender to custody.
2
After paragraph 9AA of that Part (inserted by section 14(2)) there is inserted—
9AB
1
Subject to sub-paragraph (2) below, this paragraph applies if—
a
the defendant is under the age of 18, and
b
it appears to the court that, having been released on bail in or in connection with the proceedings for the offence, he failed to surrender to custody.
2
Where it appears to the court that the defendant had reasonable cause for his failure to surrender to custody, this paragraph does not apply unless it also appears to the court that he failed to surrender to custody at the appointed place as soon as reasonably practicable after the appointed time.
3
In deciding for the purposes of paragraph 2(1) of this Part of this Schedule whether it is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not), would fail to surrender to custody, the court shall give particular weight to—
a
where the defendant did not have reasonable cause for his failure to surrender to custody, the fact that he failed to surrender to custody, or
b
where he did have reasonable cause for his failure to surrender to custody, the fact that he failed to surrender to custody at the appointed place as soon as reasonably practicable after the appointed time.
4
For the purposes of this paragraph, a failure to give to the defendant a copy of the record of the decision to grant him bail shall not constitute a reasonable cause for his failure to surrender to custody.
3
In section 6 of the 1976 Act (offence of absconding by person released on bail) after subsection (9) there is inserted—
10
Section 127 of the Magistrates' Courts Act 1980 shall not apply in relation to an offence under subsection (1) or (2) above.
11
Where a person has been released on bail in criminal proceedings and that bail was granted by a constable, a magistrates' court shall not try that person for an offence under subsection (1) or (2) above in relation to that bail (the “relevant offence”) unless either or both of subsections (12) and (13) below applies.
12
This subsection applies if an information is laid for the relevant offence within 6 months from the time of the commission of the relevant offence.
13
This subsection applies if an information is laid for the relevant offence no later than 3 months from the time of the occurrence of the first of the events mentioned in subsection (14) below to occur after the commission of the relevant offence.
14
Those events are—
a
the person surrenders to custody at the appointed place;
b
the person is arrested, or attends at a police station, in connection with the relevant offence or the offence for which he was granted bail;
c
the person appears or is brought before a court in connection with the relevant offence or the offence for which he was granted bail.
S. 15 partly in force; s. 15 not in force at Royal Assent, see s. 336(3); s. 15(3) in force at 5.4.2004 by S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6)); s. 15(1)(2) in force for certain purposes at 1.1.2007 by S.I. 2006/3217, art. 2 (subject to art. 3)