Version Superseded: 05/04/2004
Point in time view as at 01/01/2004.
Bail Act 1976, Cross Heading: Supplementary is up to date with all changes known to be in force on or before 13 May 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)If a person who has been released on bail in criminal proceedings fails without reasonable cause to surrender to custody he shall be guilty of an offence.
(2)If a person who—
(a)has been released on bail in criminal proceedings, and
(b)having reasonable cause therefor, has failed to surrender to custody,
fails to surrender to custody at the appointed place as soon after the appointed time as is reasonably practicable he shall be guilty of an offence.
(3)It shall be for the accused to prove that he had reasonable cause for his failure to surrender to custody.
(4)A failure to give to a person granted bail in criminal proceedings a copy of the record of the decision shall not constitute a reasonable cause for that person’s failure to surrender to custody.
(5)An offence under subsection (1) or (2) above shall be punishable either on summary conviction or as if it were a criminal contempt of court.
(6)Where a magistrates’ court convicts a person of an offence under subsection (1) or (2) above the court may, if it thinks—
(a)that the circumstances of the offence are such that greater punishment should be inflicted for that offence than the court has power to inflict, or
(b)in a case where it commits 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) or (2) 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.
(7)A person who is convicted summarily of an offence under subsection (1) or (2) above and is not committed to the Crown Court for sentence shall be liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding [F1level 5 on the standard scale] or to both and a person who is so committed for sentence or is dealt with as for such a contempt shall be liable to imprisonment for a term not exceeding 12 months or to a fine or to both.
(8)In any proceedings for an offence under subsection (1) or (2) above a document purporting to be a copy of the part of the prescribed record which relates to the time and place appointed for the person specified in the record to surrender to custody and to be duly certified to be a true copy of that part of the record shall be evidence of the time and place appointed for that person to surrender to custody.
(9)For the purposes of subsection (8) above—
(a)“the prescribed record” means the record of the decision of the court, officer or constable made in pursuance of section 5(1) of this Act;
(b)the copy of the prescribed record is duly certified if it is certified by the appropriate officer of the court or, as the case may be, by the constable who took the decision or a constable designated for the purpose by the officer in charge of the police station from which the person to whom the record relates was released;
(c)“the appropriate officer” of the court is—
(i)in the case of a magistrates’ court, the justices’ [F2chief executive];
(ii)in the case of the Crown Court, such officer as may be designated for the purpose in accordance with arrangements made by the Lord Chancellor;
(iii)in the case of the High Court, such officer as may be designated for the purpose in accordance with arrangements made by the Lord Chancellor;
(iv)in the case of the Court of Appeal, the registrar of criminal appeals or such other officer as may be authorised by him to act for the purpose;
(v)in the case of the Courts-Martial Appeal Court, the registrar or such other officer as may be authorised by him to act for the purpose.
Extent Information
E1For extent of s. 6 see s. 13(3)
Textual Amendments
F1Words substituted: (E.W.) by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46; (S.) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G; and (N.I.) by virtue of S.I. 1984/703 (N.I. 3), arts. 5, 6
F2Words in s. 6(9)(c)(i) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 89 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)
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