Sentencing Act 2026

44 Amendments to Bail Act 1976 E+W

(1) The Bail Act 1976 is amended as follows.

(2) In section 2 (definitions), in subsection (2), after the definition of “surrender to custody” insert—

• ““suspended sentence” has the meaning given by section 286 of the Sentencing Code,”.

(3) In section 3 (general provisions), in subsection (6ZAA), after “extradition proceedings)” insert “, section 3AAB (in the case of certain adults granted bail where there is a real prospect of a suspended sentence)”.

(4) After section 3AAA insert—

“3AAB Conditions for the imposition of electronic monitoring requirements: certain adults released on bail where real prospect of suspended sentence

(1) This section applies to a person who has attained the age of 18 and is released on bail in non-extradition proceedings if it appears to the court that—

(a) there is no real prospect that the person will be sentenced in the proceedings to a custodial sentence, other than a suspended sentence, and

(b) there is a real prospect that the person will be sentenced in the proceedings to a suspended sentence.

(2) Where the person is accused or convicted in the proceedings of one or more indictable offences or offences triable either way a court may not impose electronic monitoring requirements on the person unless—

(a) the condition in subsection (4) or (8) is met, and

(b) the condition in subsection (9) is met.

(3) Where the person is accused or convicted in the proceedings of one or more offences each of which is a summary offence a court may not impose electronic monitoring requirements on the person unless—

(a) the condition in subsection (5), (6), (7) or (8) is met, and

(b) the condition in subsection (9) is met.

(4) The condition in this subsection is that the court is satisfied that there are substantial grounds for believing that without the electronic monitoring requirements the person would—

(a) fail to surrender to custody,

(b) commit an offence while on bail, or

(c) interfere with witnesses or otherwise obstruct the course of justice in relation to the person or any other person.

(5) The condition in this subsection is that—

(a) it appears to the court that, having previously been granted bail in criminal proceedings, the person has failed to surrender to custody in accordance with the person’s obligations under the grant of bail, and

(b) the court believes that without the electronic monitoring requirements the person would fail to surrender to custody.

(6) The condition in this subsection is that—

(a) it appears to the court that the person was on bail in criminal proceedings on the date of the offence or one of the offences of which the person is accused or convicted in the proceedings, and

(b) the court is satisfied that there are substantial grounds for believing that without the electronic monitoring requirements the person would commit an offence while on bail.

(7) The condition in this subsection is that—

(a) having been released on bail in or in connection with the proceedings, the person has been arrested in pursuance of section 7, and

(b) the court is satisfied that without the electronic monitoring requirements there are substantial grounds for believing that the person would—

(i) fail to surrender to custody,

(ii) commit an offence while on bail, or

(iii) interfere with witnesses or otherwise obstruct the course of justice in relation to the person or another person.

(8) The condition in this subsection is that the court is satisfied that without the electronic monitoring requirements the person would not be granted bail.

(9) The condition in this subsection is that the court is satisfied that the necessary provision for dealing with the person concerned can be made under arrangements for the electronic monitoring of persons released on bail that are currently available in each local justice area which is a relevant area.

(10) An offence mentioned in Schedule 2 to the Magistrates’ Courts Act 1980 (offences for which the value involved is relevant to the mode of trial) in relation to which—

(a) a determination has been made under section 22(2) of that Act (certain either way offences to be tried summarily if value involved is less than relevant sum) that it is clear that the value does not exceed the relevant sum for the purposes of that section, or

(b) a determination has been made under section 9A(4) of this Act to the same effect,

is, for the purposes of this section, to be regarded as a summary offence.”

(5) In section 3AB (conditions for imposition of electronic monitoring requirements in relation to other persons), in subsection (1), after “eighteen” insert “and in relation to whom section 3AAB does not apply”.

(6) In section 3AC (electronic monitoring: general provisions), in subsections (7) and (8), after “3AAA” insert “, 3AAB”.

(7) Schedule 1 (exceptions to general right to bail) is amended as follows.

(8) In Part 1—

(a) in paragraph 1A(1)—

(i) at the end of paragraph (a) insert “and”;

(ii) omit paragraph (b) and the “and” at the end of that paragraph;

(iii) in paragraph (c), after “custodial sentence” insert “, other than a suspended sentence,”;

(b) in paragraph 9, after paragraph (b) insert—

“(ba) the fact (where it is the case) that the defendant—

(i) is pregnant,

(ii) is the primary carer for another person, or

(iii) has been the victim of an offence which involved behaviour by the offender amounting to domestic abuse within the meaning given by section 1 of the Domestic Abuse Act 2021,”.

(9) In Part 1A, in paragraph 1A(1)—

(a) at the end of paragraph (a) insert “and”;

(b) omit paragraph (b) and the “and” at the end of that paragraph;

(c) in paragraph (c), after “custodial sentence” insert “, other than a suspended sentence,”.

Commencement Information

I1 S. 44 not in force at Royal Assent, see s. 49(1)

I2 S. 44 in force at 22.3.2026 by S.I. 2026/86, reg. 2