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Bail Act 1976
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Changes over time for: Paragraph 9
Changes to legislation:
Bail Act 1976, Paragraph 9 is up to date with all changes known to be in force on or before 12 November 2024. 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act words substituted by 2005 c. 4 Sch. 11 para. 4
- Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 1(2)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 5(6A)(a) (iia) inserted by 2003 c. 44 Sch. 36 para. 2(3)
- s. 5(6A)(a) (iiia) and word inserted by 2003 c. 44 Sch. 36 para. 2(4)
9E+WIn taking the decisions required by paragraph [F12(1), or in deciding whether it is satisfied as mentioned in paragraph [F22ZA(1)],] [F3or of the opinion mentioned in paragraph 6ZA] [F4or 6A] of this Part of this Schedule, the court shall have regard to such of the following considerations as appear to it to be relevant, that is to say—
(a)the nature and seriousness of the offence or default (and the probable method of dealing with the defendant for it),
(b)the character, antecedents, associations and community ties of the defendant,
(c)the defendant’s record as respects the fulfilment of his obligations under previous grants of bail in criminal proceedings,
(d)except in the case of a defendant whose case is adjourned for inquiries or a report, the strength of the evidence of his having committed the offence or having defaulted,
[F5(e)if the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not), would commit an offence while on bail, the risk that the defendant may do so by engaging in conduct that would, or would be likely to, cause physical or mental injury to any person other than the defendant,]
as well as to any others which appear to be relevant.
Textual Amendments
F1Words in Sch. 1 para. 9 substituted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 20(2), 336(3)(4) (with s. 141); S.I. 2004/829, art. 2(1)(2)(b) (with art. 2(3))
F2Words in Sch. 1 Pt. 1 para. 9 substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 19(a); S.I. 2012/2906, art. 2(i)
F3Words in Sch. 1 para. 9 inserted (1.2.2010) by Coroners and Justice Act 2009 (c. 25), ss. 114(3)(a), 182(5) (with s. 180); S.I. 2010/145, art. 2(2), Sch. para. 7
F4Words in Sch. 1 Pt. 1 para. 9 inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 19(b); S.I. 2012/2906, art. 2(i)
F5Sch. 1 para. 9(e) inserted (1.2.2010) by Coroners and Justice Act 2009 (c. 25), ss. 114(3)(b), 182(5) (with s. 180); S.I. 2010/145, art. 2(2), Sch. para. 7
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