Bail Act 1976

Miscellaneous E+W

9 Offence of agreeing to indemnify sureties in criminal proceedings. E+W

(1) If a person agrees with another to indemnify that other against any liability which that other may incur as a surety to secure the surrender to custody of a person accused or convicted of or under arrest for an offence, he and that other person shall be guilty of an offence.

(2) An offence under subsection (1) above is committed whether the agreement is made before or after the person to be indemnified becomes a surety and whether or not he becomes a surety and whether the agreement contemplates compensation in money or in money’s worth.

(3) Where a magistrates’ court convicts a person of an offence under subsection (1) 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 [F1 sends] 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) 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.

(4) A person guilty of an offence under subsection (1) above shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine not exceeding £400 or to both; or

(b) on conviction on indictment or if sentenced by the Crown Court on committal for sentence under subsection (3) above, to imprisonment for a term not exceeding 12 months or to a fine or to both.

(5) No proceedings for an offence under subsection (1) above shall be instituted except by or with the consent of the Director of Public Prosecutions.

Textual Amendments

F1 Word in s. 9(3)(b) substituted (9.5.2005 for specified purposes, 18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 48(5); S.I. 2005/1267, art. 2(1)(2)(a), Sch. Pt. 1; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

Modifications etc. (not altering text)

C1 S. 9(5) explained by Criminal Jurisdiction Act 1975 (c. 59), s. 12

[F2 9A Bail decisions relating to [F3 children or young persons] who are accused of offences mentioned in Schedule 2 to the Magistrates' Courts Act 1980 E+W

(1) This section applies whenever—

(a) a magistrates' court is considering whether to withhold or grant bail in relation to a [F4 child or young person] who is accused of a scheduled offence; and

(b) the trial of that offence has not begun.

(2) The court shall, before deciding whether to withhold or grant bail, consider whether, having regard to any representations made by the prosecutor or the accused [F5 child or young] person, the value involved does not exceed the relevant sum for the purposes of section 22.

(3) The duty in subsection (2) does not apply in relation to an offence if—

(a) a determination under subsection (4) has already been made in relation to that offence; or

(b) the accused [F6 child or young] person is, in relation to any other offence of which he is accused which is not a scheduled offence, a person to whom Part 1 of Schedule 1 to this Act applies.

(4) If where the duty in subsection (2) applies it appears to the court clear that, for the offence in question, the amount involved does not exceed the relevant sum, the court shall make a determination to that effect.

(5) In this section—

(a) “relevant sum” has the same meaning as in section 22(1) of the Magistrates' Courts Act 1980 (certain either way offences to be tried summarily if value involved is less than the relevant sum);

(b) “scheduled offence” means an offence mentioned in Schedule 2 to that Act (offences for which the value involved is relevant to the mode of trial); and

(c) “the value involved” is to be construed in accordance with section 22(10) to (12) of that Act.]

Textual Amendments

F2 S. 9A inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 12 para. 3; S.I. 2008/1586, art. 2(1), Sch. 1 para. 27

F3 Words in s. 9A heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 9(2); S.I. 2012/2906, art. 2(i)

F4 Words in s. 9A(1)(a) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 9(3); S.I. 2012/2906, art. 2(i)

F5 Words in s. 9A(2) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 9(4); S.I. 2012/2906, art. 2(i)

F6 Words in s. 9A(3)(b) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 9(4); S.I. 2012/2906, art. 2(i)

10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 E+W

Textual Amendments

F7 S. 10 repealed by Criminal Law Act 1977 (c. 45), Sch. 13

11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 E+W

Textual Amendments

F8 S. 11 repealed by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 45, Sch. 6

12 Amendments, repeals and transitional provisions. E+W

(1) Schedule 2 to this Act (which contains consequential and minor amendments of enactments) shall have effect.

(2) The enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(3) The transitional provisions contained in Schedule 4 to this Act shall have effect.

Modifications etc. (not altering text)

C2 The text of s. 12(1)(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

13 Short title, commencement, application and extent. E+W

(1) This act may be cited as the Bail Act 1976.

(2) This Act (except this section) shall come into force on such day as the Secretary of State may by order in a statutory instrument appoint.

(3) Section 1 of this Act applies to bail grantable by the [F9 Court Martial Appeal Court] when sitting outside England and Wales and accordingly section 6 of this Act applies to a failure outside England and Wales by a person granted bail by that Court to surrender to custody.

(4) Except as provided by subsection (3) above and with the exception of so much of section 8 as relates to entering into recognizances in Scotland and paragraphs 31 and 46 of Schedule 2 to this Act, this Act does not extend beyond England and Wales.

Textual Amendments

F9 Words in s. 13(3) 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. 77; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C3 17.4.1978 appointed under s. 13(2) by S.I. 1978/132