Bail Act 1976

Preliminary U.K.

1 Meaning of “bail in criminal proceedings”. E+W

(1) In this Act “bail in criminal proceedings” means—

(a) bail grantable in or in connection with proceedings for an offence to a person who is accused or convicted of the offence, or

(b) bail grantable in connection with an offence to a person who is under arrest for the offence or for whose arrest for the offence a warrant (endorsed for bail) is being issued.[F1 , or

(c) bail grantable in connection with extradition proceedings in respect of an offence.]

(2) In this Act “ bail” means bail grantable under the law (including common law) for the time being in force.

(3) Except as provided by section 13(3) of this Act, this section does not apply to bail in or in connection with proceedings outside England and Wales.

F2 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) This section applies—

(a) Whether the offence was committed in England or Wales or elsewhere, and

(b) whether it is an offence under the law of England and Wales, or of any other country or territory.

(6) Bail in criminal proceedings shall be granted (and in particular shall be granted unconditionally or conditionally) in accordance with this Act.

Extent Information

E1 For extent of s. 1 see s. 13(3)(4)

Textual Amendments

F1 S. 1(1)(c) and word inserted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 198(2), 221; S.I. 2003/3103, art. 2 (with arts. 3, 4) (as amended (18.12.2003) by S.I. 2003/3312, art. 2)

F2 S. 1(4) repealed (10.4.1995) by 1994 c. 33, s. 168(3), Sch.11; S.I. 1995/721, art. 2, Sch. AppendixB

Modifications etc. (not altering text)

C1 Definition in s. 1 applied ( 1. 4. 1991) by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 7A(4); S.I. 1991/608, art. 2, Sch.

2 Other definitions. E+W

(1) In this Act, unless the context otherwise requires, “conviction” includes—

(a) a finding of guilt,

(b) a finding that a person is not guilty by reason of insanity,

(c) a finding under [F3 section 11(1) of the Powers of Criminal Courts (Sentencing) Act 2000](remand for medical examination) that the person in question did the act or made the omission charged, and

(d) a conviction of an offence for which an order is made F4 ... discharging [F5 the offender] absolutely or conditionally,

and “convicted” shall be construed accordingly.

(2) In this Act, unless the context otherwise requires—

• [F6 “bail hostel” means premises for the accommodation of persons remanded on bail,]

• [F7 “bail in non-extradition proceedings” means bail in criminal proceedings of the kind mentioned in section 1(1)(a),]

• “child” means a person under the age of fourteen,

• F8 ...

• “court” includes a judge of a court, [F9 or a justice of the peace] and, in the case of a specified court, includes a judge or (as the case may be) justice having powers to act in connection with proceedings before that court,

• [F10 “Court Martial Appeal Rules” means rules made under section 49 of the Court Martial Appeals Act 1968,]

• [F7 “custodial sentence” means a sentence or order mentioned in section 76(1) of the Powers of Criminal Courts (Sentencing) Act 2000 or any corresponding sentence or order imposed or made under any earlier enactment,]

• F11 ...

• [F12 “extradition proceedings” means proceedings under the Extradition Act 2003;]

• F11 ...

• [F7 “imprisonable offence” means an offence punishable in the case of an adult with imprisonment,]

• “offence” includes an alleged offence,

• [F13 “probation hostel” means premises for the accommodation of persons who may be required to reside there [F14 by a community order under section 177 of the Criminal Justice Act 2003],]

• F15 ...

• [F12 “prosecutor”, in relation to extradition proceedings, means the person acting on behalf of the territory to which extradition is sought;]

• [F7 “sexual offence” means an offence specified in Part 2 of Schedule 15 to the Criminal Justice Act 2003,]

• F11 ...

• “surrender to custody” means, in relation to a person released on bail, surrendering himself into the custody of the court or of the constable (according to the requirements of the grant of bail) at the time and place for the time being appointed for him to do so,

• “vary”, in relation to bail, means imposing further conditions after bail is granted, or varying or rescinding conditions,

• [F7 “violent offence” means murder or an offence specified in Part 1 of Schedule 15 to the Criminal Justice Act 2003,]

• “young person” means a person who has attained the age of fourteen and is under the age of [F16 eighteen].

(3) Where an enactment (whenever passed) which relates to bail in criminal proceedings refers to the person bailed appearing before a court it is to be construed unless the context otherwise requires as referring to his surrendering himself into the custody of the court.

(4) Any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied, by or under any other enactment, including this Act.

Textual Amendments

F3 Words in s. 2(1)(c) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 50(2)

F4 Words in s. 2(1)(d) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 21(2)(a), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 42(12), 44(4)(e) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F5 Words in s. 2(1)(d) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 21(2)(b); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(12) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F6 Words in s. 2(2) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 50(3)(a)

F7 Words in s. 2(2) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 2(a); S.I. 2012/2906, art. 2(i)

F8 Words in s. 2(2) repealed by Criminal Law Act 1977 (c. 45), Sch. 13

F9 Words ins. 2(2) substituted by Criminal Law Act 1977 (c. 45), Sch. 12

F10 Words in s. 2(2) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 73; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F11 Words in s. 2 repealed (1.9.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 180, Sch. 10; S.I. 2004/2066, art. 2(d)(iii) (with art. 3)

F12 Words in s. 2(2) inserted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 198(3), 221; S.I. 2003/3103, art. 2 (with arts. 3, 4) (as amended (18.12.2003) by S.I. 2003/3312, art. 2)

F13 Definition of “probation hostel” inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 50(3)(b)

F14 Words in s. 2(2) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 21(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(12) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F15 Words in s. 2(2) repealed (1.1.2004) by Extradition Act 2003 (c. 41), ss. 198(3), 221, Sch. 4; S.I. 2003/3103, art. 2 (with arts. 3, 4) (as amended (18.12.2003) by S.I. 2003/3312, art. 2)

F16 Word in s. 2(2) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 2(b); S.I. 2012/2906, art. 2(i)