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Bail Act 1976
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Changes over time for: Section 3AC
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Bail Act 1976, Section 3AC is up to date with all changes known to be in force on or before 21 December 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.
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Changes and effects yet to be applied to Section 3AC:
- 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)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
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)
[F13ACElectronic monitoring: general provisionsE+W
(1)Where a court imposes electronic monitoring requirements as a condition of bail, the requirements must include provision for making a person responsible for the monitoring.
(2)A person may not be made responsible for the electronic monitoring of a person on bail unless he is of a description specified in an order made by the Secretary of State.
(3)The Secretary of State may make rules for regulating—
(a)the electronic monitoring of persons on bail;
(b)without prejudice to the generality of paragraph (a), the functions of persons made responsible for such monitoring.
(4)The rules may make different provision for different cases.
(5)Any power of the Secretary of State to make an order or rules under this section is exercisable by statutory instrument.
(6)A statutory instrument containing rules under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7)For the purposes of section 3AA [F2, 3AAA] or 3AB a local justice area is a relevant area in relation to a proposed electronic monitoring requirement if the court considers that it will not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area.
(8)Nothing in sections 3, 3AA [F2, 3AAA] or 3AB is to be taken to require the Secretary of State to ensure that arrangements are made for the electronic monitoring of persons released on bail.]
Textual Amendments
F1Ss. 3AB, 3AC inserted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 11 para. 4; S.I. 2008/2712, art. 2, Sch. para. 15
F2Words in s. 3AC(7)(8) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 7; S.I. 2012/2906, art. 2(i)
Modifications etc. (not altering text)
C1S. 3AC modified (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 78(3)(b)
C2S. 3AC(1) applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 88(4)(b)
C3S. 3AC(2) applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 88(4)(c)
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