Bail Act 1976

1 Meaning of “bail in criminal proceedings”.

2 Other definitions.

Incidents of bail in criminal proceedings

3 General provisions.

3AA Conditions for the imposition of electronic monitoring requirements: children and young persons released on bail other than in extradition proceedings

3AAAConditions for the imposition of electronic monitoring requirements: children and young persons released on bail in extradition proceedings

3ABConditions for the imposition of electronic monitoring requirements: other persons

3ACElectronic monitoring: general provisions

3A Conditions of bail in case of police bail.

Bail for accused persons and others

4 General right to bail of accused persons and others.

5 Supplementary provisions about decisions on bail.

5A Supplementary provisions in cases of police bail.

5B Reconsideration of decisions granting bail.

6 Offence of absconding by person released on bail.

7 Liability to arrest for absconding or breaking conditions of bail.

8 Bail with sureties.

9 Offence of agreeing to indemnify sureties in criminal proceedings.

9ABail decisions relating to children or young persons who are accused of offences mentioned in Schedule 2 to the Magistrates' Courts Act 1980

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12 Amendments, repeals and transitional provisions.

13 Short title, commencement, application and extent.

SCHEDULE 1 Persons Entitled to Bail: Supplementary Provisions

Part I Defendants Accused or Convicted of Imprisonable Offences

Application of Part 1

1(1) Subject to sub-paragraph (2), and paragraph 1A the following...

1A(1) The paragraphs of this Part of this Schedule mentioned...

Exceptions to right to bail

2(1) The defendant need not be granted bail if the...

2ZA(1) The defendant need not be granted bail if the...

2AThe defendant need not be granted bail if—

2BThe defendant need not be granted bail in connection with...

3The defendant need not be granted bail if the court...

4The defendant need not be granted bail if he is...

5The defendant need not be granted bail where the court...

6The defendant need not be granted bail if, having previously...

6ZAIf the defendant is charged with murder, the defendant may...

Exception applicable to drug users in certain areas

6ASubject to paragraph 6C below, a defendant who falls within...

Exception applicable to drug users in certain areas

6B(1) A defendant falls within this paragraph if—

Exception applicable to drug users in certain areas

6CParagraph 6A above does not apply unless—

Exception applicable only to defendant whose case is adjourned for inquiries or a report

7Where his case is adjourned for inquiries or a report,...

Restriction of conditions of bail

8(1) Subject to sub-paragraph (3) below, where the defendant is...

Decisions under paragraph 2

9In taking the decisions required by paragraph 2(1), or in...

9AA(1) This paragraph applies if— (a) the defendant is a...

9AB(1) Subject to sub-paragraph (2) below, this paragraph applies if—...

9A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cases under section 128A of Magistrates’ Courts Act 1980

9BWhere the court is considering exercising the power conferred by...

Part 1ADefendants Accused or Convicted of Imprisonable Offences to which Part 1 does not apply

Application of Part 1A

1Subject to paragraph 1A, the following provisions of this Part...

1A(1) The paragraphs of this Part of this Schedule mentioned...

Exceptions to right to bail

2The defendant need not be granted bail if—

3The defendant need not be granted bail if—

4(1) The defendant need not be granted bail if the...

5The defendant need not be granted bail if the court...

6The defendant need not be granted bail if he is...

7The defendant need not be granted bail if —

8The defendant need not be granted bail where the court...

Application of paragraphs 6A to 6C of Part 1

9Paragraphs 6A to 6C of Part 1 (exception applicable to...

Part II Defendants Accused or Convicted of Non-Imprisonable Offences

Defendants to whom Part II applies

1Where the offence or every offence of which the defendant...

Exceptions to right to bail

2The defendant need not be granted bail if—

3The defendant need not be granted bail if the court...

4The defendant need not be granted bail if he is...

5The defendant need not be granted bail if—

6(1) The defendant need not be granted bail if—

Part IIA Decisions where Bail Refused on Previous Hearing

1If the court decides not to grant the defendant bail,...

2At the first hearing after that at which the court...

3At subsequent hearings the court need not hear arguments as...

Part III Interpretation

1For the purposes of this Schedule the question whether an...

2References in this Schedule to previous grants of bail include—...

3References in this Schedule to a defendant’s being kept in...

4In this Schedule— “court”, in the expression “sentence of a...

SCHEDULE 2 CONSEQUENTIAL AND OTHER AMENDMENTS OF ACTS

Habeas Corpus Act 1679

1In section 2 of the Habeas Corpus Act 1679 (bail...

2. . . . . . . . . ....

Criminal Law Amendment Act 1867

3In section 10 of the Criminal Law Amendment Act 1867...

4. . . . . . . . . ....

5. . . . . . . . . ....

6. . . . . . . . . ....

Criminal Justice Administration Act 1914

7In section 19 of the Criminal Justice Administration Act 1914...

Indictments Act 1915

8In section 5(5)(c) of the Indictment Act 1915 (bail where...

Children and Young Persons Act 1933

9In section 13(2) of the Children and Young Persons Act...

Public Order Act 1936

10In section 1(2) of the Public Order Act 1936 (right...

Criminal Justice Act 1948

11(1) Section 37 of the Criminal Justice Act 1948 (powers...

12. . . . . . . . . ....

13. . . . . . . . . ....

14—29. . . . . . . . . ....

Administration of Justice Act 1960

30In section 4(2) of the Administration of Justice Act 1960...

31In section 6(1) of the Administration of Justice Act 1960...

32. . . . . . . . . ....

Backing of Warrants (Republic of Ireland) Act 1965

33(1) Section 5 of the Backing of Warrants (Republic of...

Criminal Justice Act 1967

34Section 18 of the Criminal Justice Act 1967 (restrictions on...

35. . . . . . . . . ....

36Section 21 of the Criminal Justice Act 1967 (power to...

37(1) Section 22 of the Criminal Justice Act 1967 (extension...

Criminal Appeal Act 1968

38In section 8(2) and (3) of the Criminal Appeal Act...

39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40—42. . . . . . . . . ....

43In section 36 of the Criminal Appeal Act 1968 (bail...

44In section 43(1) of the Criminal Appeal Act 1968 (computation...

45In Schedule 2 to the Criminal Appeal Act 1968 (provisions...

Courts-Martial (Appeals) Act 1968

46In section 45(2) of the Courts-Martial (Appeals) Act 1968 (computation...

Children and Young Persons Act 1969

47In section 29 of the Children and Young Perons Act...

48. . . . . . . . . ....

SCHEDULE 3 REPEALS

SCHEDULE 4 Transitional Provisions

1(1) Without prejudice to section 38(2) of the Interpretation Act...

2Where, before the appointed day, a court has—

3Where a person has been granted bail before the appointed...

4In this Schedule “the appointed day” means the day appointed...

Royal arms

Bail Act 1976

1976 CHAPTER 63

An Act to make provision in relation to bail in or in connection with criminal proceedings in England and Wales, to make it an offence to agree to indemnify sureties in criminal proceedings, to make provision for legal aid limited to questions of bail in certain cases and for legal aid for persons kept in custody for inquiries or reports, to extend the powers of coroners to grant bail and for connected purposes.

[15 November 1976]