SCHEDULES
SCHEDULE 1 Persons Entitled to Bail: Supplementary Provisions
Part I Defendants Accused or Convicted of Imprisonable Offences
Defendants to whom Part I applies
F141
F311
F32Subject to sub-paragraph (2), The following provisions of this Part of this Schedule apply to the defendant if—
a
the offence or one of the offences of which he is accused or convicted in the proceedings is punishable with imprisonment, or
b
his extradition is sought in respect of an offence.
F302
But those provisions do not apply by virtue of sub-paragraph (1)(a) if the offence, or each of the offences punishable with imprisonment, is—
a
a summary offence; or
b
an offence mentioned in Schedule 2 to the Magistrates' Courts Act 1980 (offences for which the value involved is relevant to the mode of trial) in relation to which—
i
a determination has been made under section 22(2) of that Act (certain either way offences to be tried summarily if value involved is less than the relevant sum) that it is clear that the value does not exceed the relevant sum for the purposes of that section; or
ii
a determination has been made under section 9A(4) of this Act to the same effect.
Exceptions to right to bail
2
F161
The defendant need not be granted bail 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—
a
fail to surrender to custody, or
b
commit an offence while on bail, or
c
interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person.
F172
Where the defendant falls within one or more of paragraphs 2A, 6 and 6B of this Part of this Schedule, this paragraph shall not apply unless—
a
where the defendant falls within paragraph 2A, the court is satisfied as mentioned in sub-paragraph (1) of that paragraph;
b
where the defendant falls within paragraph 6, the court is satisfied as mentioned in sub-paragraph (1) of that paragraph;
c
where the defendant falls within paragraph 6B, the court is satisfied as mentioned in paragraph 6A of this Part of this Schedule or paragraph 6A does not apply by virtue of paragraph 6C of this Part of this Schedule.
F12A
F27The defendant need not be granted bail if—
a
the offence is an indictable offence or an offence triable either way; and
b
it appears to the court that he was on bail in criminal proceedings on the date of the offence.
F271
If the defendant falls within this paragraph he may not be granted bail unless the court is satisfied that there is no significant risk of his committing an offence while on bail (whether subject to conditions or not).
2
The defendant falls within this paragraph if—
a
he is aged 18 or over, and
b
it appears to the court that he was on bail in criminal proceedings on the date of the offence.
F132B
The defendant need not be granted bail in connection with extradition proceedings if—
a
the conduct constituting the offence would, if carried out by the defendant in England and Wales, constitute an indictable offence or an offence triable either way; and
b
it appears to the court that the defendant was on bail on the date of the offence.
3
The defendant need not be granted bail if the court is satisfied that the defendant should be kept in custody for his own protection or, if he is a child or young person, for his own welfare.
C24
The defendant need not be granted bail if he is in custody in pursuance of F33a sentence of a court or a sentence imposed by an officer under the Armed Forces Act 2006.
5
The defendant need not be granted bail where the court is satisfied that it has not been practicable to obtain sufficient information for the purpose of taking the decisions required by this Part of this Schedule for want of time since the institution of the proceedings against him.
6
F28The defendant need not be granted bail if, having been released on bail in or in connection with the proceedings for the offence or the extradition proceedings, he has been arrested in pursuance of section 7 of this Act.
F281
If the defendant falls within this paragraph, he may not be granted bail unless the court is satisfied that there is no significant risk that, if released on bail (whether subject to conditions or not), he would fail to surrender to custody.
2
Subject to sub-paragraph (3) below, the defendant falls within this paragraph if—
a
he is aged 18 or over, and
b
it appears to the court that, having been released on bail in or in connection with the proceedings for the offence, he failed to surrender to custody.
3
Where it appears to the court that the defendant had reasonable cause for his failure to surrender to custody, he does not fall within this paragraph unless it also appears to the court that he failed to surrender to custody at the appointed place as soon as reasonably practicable after the appointed time.
4
For the purposes of sub-paragraph (3) above, a failure to give to the defendant a copy of the record of the decision to grant him bail shall not constitute a reasonable cause for his failure to surrender to custody.
F366ZA
If the defendant is charged with murder, the defendant may not be granted bail unless the court is of the opinion that there is no significant risk of the defendant committing, while on bail, an offence that would, or would be likely to, cause physical or mental injury to any person other than the defendant.
F15Exception applicable to drug users in certain areas
6A
Subject to paragraph 6C below, a defendant who falls within paragraph 6B below may not be granted bail unless the court is satisfied that there is no significant risk of his committing an offence while on bail (whether subject to conditions or not).
Exception applicable to drug users in certain areas
6B
1
A defendant falls within this paragraph if—
a
he is aged 18 or over;
b
a sample taken—
i
under section 63B of the Police and Criminal Evidence Act 1984 (testing for presence of Class A drugs) in connection with the offence; or
ii
under section 161 of the Criminal Justice Act 2003 (drug testing after conviction of an offence but before sentence),
has revealed the presence in his body of a specified Class A drug;
c
either the offence is one under section 5(2) or (3) of the Misuse of Drugs Act 1971 and relates to a specified Class A drug, or the court is satisfied that there are substantial grounds for believing—
i
that misuse by him of any specified Class A drug caused or contributed to the offence; or
ii
(even if it did not) that the offence was motivated wholly or partly by his intended misuse of such a drug; and
d
the condition set out in sub-paragraph (2) below is satisfied or (if the court is considering on a second or subsequent occasion whether or not to grant bail) has been, and continues to be, satisfied.
2
The condition referred to is that after the taking and analysis of the sample—
a
a relevant assessment has been offered to the defendant but he does not agree to undergo it; or
C1b
he has undergone a relevant assessment, and relevant follow-up has been proposed to him, but he does not agree to participate in it.
3
In this paragraph and paragraph 6C below—
a
“Class A drug” and “misuse” have the same meaning as in the Misuse of Drugs Act 1971;
b
“relevant assessment” and “relevant follow-up” have the meaning given by section 3(6E) of this Act;
c
“specified” (in relation to a Class A drug) has the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000.
Exception applicable to drug users in certain areas
6C
Paragraph 6A above does not apply unless—
a
the court has been notified by the Secretary of State that arrangements for conducting a relevant assessment or, as the case may be, providing relevant follow-up have been made for the F22local justice area in which it appears to the court that the defendant would reside if granted bail; and
b
the notice has not been withdrawn.
Exception applicable only to defendant whose case is adjourned for inquiries or a report
7
Where his case is adjourned for inquiries or a report, the defendant need not be granted bail if it appears to the court that it would be impracticable to complete the inquiries or make the report without keeping the defendant in custody.
Restriction of conditions of bail
8
1
Subject to sub-paragraph (3) below, where the defendant is granted bail, no conditions shall be imposed under subsections F19(4) to (6B) or (7)F2(except subsection (6)(d) F3or (e))of section 3 of this Act unless it appears to the court F20that it is necessary to do so—
a
for the purpose of preventing the occurrence of any of the events mentioned in paragraph 2(1) of this Part of this Schedule, or
b
for the defendant’s own protection or, if he is a child or young person, for his own welfare or in his own interests.
F41A
No condition shall be imposed under section 3(6)(d) of this Act unless it appears to be necessary to do so for the purpose of enabling inquiries or a report to be made.
2
F5Sub-paragraphs (1) and (1A) above also apply on any application to the court to vary the conditions of bail or to impose conditions in respect of bail which has been granted unconditionally.
3
The restriction imposed by F6sub-paragraph (1A) above shall not F7apply to the conditions required to be imposed under section 3(6A) of this Act or operate to override the direction in F8section 11(3) of the Powers of Criminal Courts (Sentencing) Act 2000to a magistrates’ court to impose conditions of bail under section 3(6)(d) of this Act of the description specified in F9the said section 11(3) in the circumstances so specified.
Decisions under paragraph 2
9
In taking the decisions required by paragraph F212(1), or in deciding whether it is satisfied as mentioned in paragraph 2A(1), 6(1) or 6A,F37or of the opinion mentioned in paragraph 6ZA 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,
F38e
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.
F249AA
1
This paragraph applies if—
a
the defendant is under the age of 18, and
b
it appears to the court that he was on bail in criminal proceedings on the date of the offence.
2
In deciding for the purposes of paragraph 2(1) of this Part of this Schedule whether it 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 court shall give particular weight to the fact that the defendant was on bail in criminal proceedings on the date of the offence.
F259AB
1
Subject to sub-paragraph (2) below, this paragraph applies if—
a
the defendant is under the age of 18, and
b
it appears to the court that, having been released on bail in or in connection with the proceedings for the offence, he failed to surrender to custody.
2
Where it appears to the court that the defendant had reasonable cause for his failure to surrender to custody, this paragraph does not apply unless it also appears to the court that he failed to surrender to custody at the appointed place as soon as reasonably practicable after the appointed time.
3
In deciding for the purposes of paragraph 2(1) of this Part of this Schedule whether it is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not), would fail to surrender to custody, the court shall give particular weight to—
a
where the defendant did not have reasonable cause for his failure to surrender to custody, the fact that he failed to surrender to custody, or
b
where he did have reasonable cause for his failure to surrender to custody, the fact that he failed to surrender to custody at the appointed place as soon as reasonably practicable after the appointed time.
4
For the purposes of this paragraph, a failure to give to the defendant a copy of the record of the decision to grant him bail shall not constitute a reasonable cause for his failure to surrender to custody.
F109A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11 Cases under section 128A of Magistrates’ Courts Act 1980
Sch. 1 paras. 9A, 9B inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 153, 155(2), Sch. 8 para. 16
9B
Where the court is considering exercising the power conferred by section 128A of the Magistrates’ Courts Act 1980 (power to remand in custody for more than 8 clear days), it shall have regard to the total length of time which the accused would spend in custody if it were to exercise the power.
F29Part 1ADefendants Accused or Convicted of Imprisonable Offences to which Part 1 does not apply
Sch. 1 Pt. 1A inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 12 para. 6; S.I. 2008/1586, art. 2(1), Sch. 1 para. 27
Defendants to whom Part 1A applies
1
The following provisions of this Part apply to the defendant if—
a
the offence or one of the offences of which he is accused or convicted is punishable with imprisonment, but
b
Part 1 does not apply to him by virtue of paragraph 1(2) of that Part.
Exceptions to right to bail
2
The defendant need not be granted bail if—
a
it appears to the court that, having been previously granted bail in criminal proceedings, he has failed to surrender to custody in accordance with his obligations under the grant of bail; and
b
the court believes, in view of that failure, that the defendant, if released on bail (whether subject to conditions or not) would fail to surrender to custody.
3
The defendant need not be granted bail if—
a
it appears to the court that the defendant was on bail in criminal proceedings on the date of the offence; and
b
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.
4
The defendant need not be granted bail 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 by engaging in conduct that would, or would be likely to, cause—
a
physical or mental injury to any person other than the defendant; or
b
any person other than the defendant to fear physical or mental injury.
5
The defendant need not be granted bail if the court is satisfied that the defendant should be kept in custody for his own protection or, if he is a child or young person, for his own welfare.
6
The defendant need not be granted bail if he is in custody in pursuance of a sentence of a court or a sentence imposed by an officer under the Armed Forces Act 2006.
7
The defendant need not be granted bail if —
a
having been released on bail in or in connection with the proceedings for the offence, he has been arrested in pursuance of section 7 of this Act; and
b
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 fail to surrender to custody, commit an offence while on bail or interfere with witnesses or otherwise obstruct the course of justice (whether in relation to himself or any other person).
8
The defendant need not be granted bail where the court is satisfied that it has not been practicable to obtain sufficient information for the purpose of taking the decisions required by this Part of this Schedule for want of time since the institution of the proceedings against him.
Application of paragraphs 6A to 6C of Part 1
9
Paragraphs 6A to 6C of Part 1 (exception applicable to drug users in certain areas and related provisions) apply to a defendant to whom this Part applies as they apply to a defendant to whom that Part applies.
Part II Defendants Accused or Convicted of Non-Imprisonable Offences
Defendants to whom Part II applies
1
Where the offence or every offence of which the defendant is accused or convicted in the proceedings is one which is not punishable with imprisonment the following provisions of this Part of this Schedule apply.
Exceptions to right to bail
2
The defendant need not be granted bail if—
a
it appears to the court that, having been previously granted bail in criminal proceedings, he has failed to surrender to custody in accordance with his obligations under the grant of bail; and
b
the court believes, in view of that failure, that the defendant, if released on bail (whether subject to conditions or not) would fail to surrender to custody.
3
The defendant need not be granted bail if the court is satisfied that the defendant should be kept in custody for his own protection or, if he is a child or young person, for his own welfare.
C34
The defendant need not be granted bail if he is in custody in pursuance of F34a sentence of a court or a sentence imposed by an officer under the Armed Forces Act 2006.
F185
The defendant need not be granted bail if—
a
having been released on bail in or in connection with the proceedings for the offence, he has been arrested in pursuance of section 7 of this Act; and
b
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 fail to surrender to custody, commit an offence on bail or interfere with witnesses or otherwise obstruct the course of justice (whether in relation to himself or any other person).
F12Part IIA Decisions where Bail Refused on Previous Hearing
Sch. 1 Pt. IIA inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 153, 155(2), Sch. 8 para. 16
1
If the court decides not to grant the defendant bail, it is the court’s duty to consider, at each subsequent hearing while the defendant is a person to whom section 4 above applies and remains in custody, whether he ought to be granted bail.
2
At the first hearing after that at which the court decided not to grant the defendant bail he may support an application for bail with any argument as to fact or law that he desires (whether or not he has advanced that argument previously).
3
At subsequent hearings the court need not hear arguments as to fact or law which it has heard previously.
Part III Interpretation
1
For the purposes of this Schedule the question whether an offence is one which is punishable with imprisonment shall be determined without regard to any enactment prohibiting or restricting the imprisonment of young offenders or first offenders.
F262
References in this Schedule to previous grants of bail include—
a
bail granted before the coming into force of this Act;
b
as respects the reference in paragraph 2A of Part 1 of this Schedule (as substituted by section 14(1) of the Criminal Justice Act 2003), bail granted before the coming into force of that paragraph;
c
as respects the references in paragraph 6 of Part 1 of this Schedule (as substituted by section 15(1) of the Criminal Justice Act 2003), bail granted before the coming into force of that paragraph;
d
as respects the references in paragraph 9AA of Part 1 of this Schedule, bail granted before the coming into force of that paragraph;
e
as respects the references in paragraph 9AB of Part 1 of this Schedule, bail granted before the coming into force of that paragraph;
f
as respects the reference in paragraph 5 of Part 2 of this Schedule (as substituted by section 13(4) of the Criminal Justice Act 2003), bail granted before the coming into force of that paragraph.
3
References in this Schedule to a defendant’s being kept in custody or being in custody include (where the defendant is a child or young person) references to his being kept or being in the care of a local authority in pursuance of a warrant of commitment under section 23(1) of the M1Children and Young Persons Act 1969.
4
In this Schedule—
“court”, in the expression “sentence of a court”, includes a service court as defined in section 12(1) of the M2Visiting Forces Act 1952 and “sentence”, in that expression, shall be construed in accordance with that definition;
“default”, in relation to the defendant, means the default for which he is to be dealt with under F23Part 2 of Schedule 8 to the Criminal Justice Act 2003 (breach of requirement of order);
F35...
Sch. 1 paras. 6A-6C and headings inserted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 19(4)(a), 336(3)(4) (with s. 141); S.I. 2004/829, art. 2(1)(2)(b)