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Point in time view as at 01/12/2020.

Changes to legislation:

Bail Act 1976, SCHEDULE 1 is up to date with all changes known to be in force on or before 23 January 2025. 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. Help about Changes to Legislation

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Section 4.

SCHEDULE 1E+W Persons Entitled to Bail: Supplementary Provisions

Part IE+W Defendants Accused or Convicted of Imprisonable Offences

[F1Application of Part 1]E+W

Textual Amendments

[F21[F3(1)][F4Subject to sub-paragraph (2),][F5and paragraph 1A] the following provisions of this Part of this Schedule apply to the defendant if—E+W

(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.

[F6(2)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.]]

Textual Amendments

F2 Sch. 1 Pt. I para. 1 substituted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 198(12), 221; S.I. 2003/3103, art. 2 (with arts. 3, 4) (as amended (18.12.2003) by S.I. 2003/3312, art. 2).

[F71A(1)The paragraphs of this Part of this Schedule mentioned in sub-paragraph (2) do not apply in relation to bail in non-extradition proceedings where—E+W

(a)the defendant has attained the age of 18,

(b)the defendant has not been convicted of an offence in those proceedings, and

(c)it appears to the court that there is no real prospect that the defendant will be sentenced to a custodial sentence in the proceedings.

(2)The paragraphs are—

(a)paragraph 2 (refusal of bail where defendant may fail to surrender to custody, commit offences on bail or interfere with witnesses),

(b)paragraph 2A (refusal of bail where defendant appears to have committed indictable or either way offence while on bail), and

(c)paragraph 6 (refusal of bail where defendant has been arrested under section 7).]

Textual Amendments

Exceptions to right to bailE+W

2[F8(1)]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—E+W

(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.

[F9(2)Where the defendant falls within paragraph 6B, this paragraph does not apply unless—

(a)the court is of the opinion mentioned in paragraph 6A, or

(b)paragraph 6A does not apply by virtue of paragraph 6C.]

Textual Amendments

F8Sch. 1 Pt. 1 para 2 renumbered as Sch. 1 Pt. 1 para. 2(1) (5.4.2004) by virtue of Criminal Justice Act 2003 (c. 44), ss. 20(1), 336(3) (with s. 141); S.I. 2004/829, art. 2(1)(2) (with art. 2(3))

[F102ZA(1)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—E+W

(a)physical or mental injury to an associated person; or

(b)an associated person to fear physical or mental injury.

(2)In sub-paragraph (1) “associated person” means a person who is associated with the defendant within the meaning of section 62 of the Family Law Act 1996.]

Textual Amendments

[F112AE+WThe 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 the defendant was on bail in criminal proceedings on the date of the offence.]

Textual Amendments

[F122BE+WThe 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.]

Textual Amendments

F12Sch. 1 para. 2B inserted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 198(13), 221; S.I. 2003/3103, art. 2 (with arts. 3, 4) (as amended (18.12.2003) by S.I. 2003/3312, art. 2)

3E+WThe 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.

4E+WThe defendant need not be granted bail if he is in custody in pursuance of [F13a sentence of a court or a sentence imposed by an officer under the Armed Forces Act 2006.]

Textual Amendments

F13Words in Sch. 1 Pt. I para. 4 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. 78(a); 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)

C1Sch. 1 Pt. 1 para. 4 modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) ) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 15

5E+WThe 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.

[F146E+WThe defendant need not be granted bail if, having previously been released on bail in, or in connection with, the proceedings, the defendant has been arrested in pursuance of section 7.]

Textual Amendments

[F156ZAE+WIf 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.]

Textual Amendments

F15Sch. 1 Pt. 1 para. 6ZA inserted (1.2.2010) by Coroners and Justice Act 2009 (c. 25), ss. 114(2), 182(5) (with s. 180); S.I. 2010/145, art. 2(2), Sch. para. 7

[F16Exception applicable to drug users in certain areasE+W

Textual Amendments

F16Sch. 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)

6AE+WSubject to paragraph 6C below, a defendant who falls within paragraph 6B below may not be granted bail unless the court [F17is of the opinion] that there is no significant risk of his committing an offence while on bail (whether subject to conditions or not).

Textual Amendments

Exception applicable to drug users in certain areasE+W

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

(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

[F18(ii)under section 34A of the Sentencing Code (pre-sentence drug testing),]

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

(b)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.

Textual Amendments

F18Sch. 1 Pt. 1 para. 6B(1)(b)(ii) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 37(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C2Sch. 1 para. 6B(2)(b) modified (1.12.2005 for specified purposes, 1.4.2007 in so far as not already in force) by Drugs Act 2005 (c. 17), ss. 17(3), 24(3) (with s. 17(4)); S.I. 2005/3053, art. 2(2)(d); S.I. 2007/562, art. 2(2)(d)

Exception applicable to drug users in certain areasE+W

6CE+WParagraph 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 [F19local 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.]

Textual Amendments

Exception applicable only to defendant whose case is adjourned for inquiries or a reportE+W

7E+WWhere 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 bailE+W

8(1)Subject to sub-paragraph (3) below, where the defendant is granted bail, no conditions shall be imposed under subsections [F20(4) to (6B) or (7)] [F21(except subsection (6)(d) [F22or (e)])]of section 3 of this Act unless it appears to the court [F23that it is necessary to do so—E+W

(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.]

F24[(1A)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)[F25Sub-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 [F26sub-paragraph (1A)] above shall not [F27apply to the conditions required to be imposed under section 3(6A) of this Act or] operate to override the direction in [F28section 11(3) of the Powers of Criminal Courts (Sentencing) Act 2000]to a magistrates’ court to impose conditions of bail under section 3(6)(d) of this Act of the description specified in [F29the said section 11(3)] in the circumstances so specified.

Textual Amendments

F20Words in Sch. 1 para. 8(1) substituted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 19(4)(b), 336(3)(4) (with s. 141); S.I. 2004/829, art. 2(1)(2)(b)

F22Words in Sch. 1 para. 8(1) inserted (30.9.1998) by 1998 c. 37 s. 119, Sch. 8 para. 38; S.I. 1998/2327, art. 2(2)(m).

F23Sch. 1 para. 8(1)(a)(b) substituted for words (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 13(3), 336(3)(4) (with s. 141); S.I. 2004/829, art. 2(1)(2)(b)

F28Words in Sch. 1 Pt. I para. 8(3) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 54(2)(a)

F29Words in Sch. 1 Pt. I para. 8(3) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 54(2)(b)

Decisions under paragraph 2E+W

9E+WIn taking the decisions required by paragraph [F302(1), or in deciding whether it is satisfied as mentioned in paragraph [F312ZA(1)],] [F32or of the opinion mentioned in paragraph 6ZA] [F33or 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,

[F34(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

F30Words 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))

[F359AA(1)This paragraph applies if—E+W

(a)the defendant is [F36a child or young person], 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.]

Textual Amendments

F35Sch. 1 para. 9AA inserted (1.1.2007 for specified purposes) by Criminal Justice Act 2003 (c. 44), ss. 14(2), 336(3)(4) (with s. 141); S.I. 2006/3217, art. 2(a) (with art. 3(1))

[F379AB(1)Subject to sub-paragraph (2) below, this paragraph applies if—E+W

(a)the defendant is [F38a child or young person], 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.]

Textual Amendments

F37Sch. 1 para. 9AB inserted (1.1.2007 for specified purposes) by Criminal Justice Act 2003 (c. 44), ss. 15(2), 336(3)(4) (with s. 141); S.I. 2006/3217, art. 2(a) (with art. 3(2))

F399AE+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39Sch. 1 para. 9A repealed (1.8.2001) by 2000 c. 16, ss. 129(4), 137, Sch. 7 Pt. 6; S.I. 2001/2223, art. 3(i)(m)

[F40 Cases under section 128A of Magistrates’ Courts Act 1980E+W

Textual Amendments

9BE+WWhere 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.]

[F41Part 1AE+WDefendants Accused or Convicted of Imprisonable Offences to which Part 1 does not apply

Textual Amendments

Defendants to whom Part 1A appliesE+W

1E+W[F42Subject to paragraph 1A, 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.

Textual Amendments

Exceptions to right to bailE+W

2E+WThe 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.

3E+WThe 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[F43(1)]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—E+W

(a)physical or mental injury to [F44an associated person]; or

(b)[F44an associated person] to fear physical or mental injury.

[F45(2)In sub-paragraph (1) “associated person” means a person who is associated with the defendant within the meaning of section 62 of the Family Law Act 1996.]

Textual Amendments

F43Sch. 1 Pt. 1A para. 4 renumbered Sch. 1 Pt. 1A para. 4(1) (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 26(2); S.I. 2012/2906, art. 2(i)

5E+WThe 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.

6E+WThe 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.

7E+WThe 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).

8E+WThe 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 1E+W

9E+WParagraphs 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 IIE+W Defendants Accused or Convicted of Non-Imprisonable Offences

Defendants to whom Part II appliesE+W

1E+WWhere 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 bailE+W

2E+WThe defendant need not be granted bail if—

[F46(za)the defendant—

(i)is a child or young person, or

(ii)has been convicted in the proceedings of an offence;]

(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.

Textual Amendments

3E+WThe 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.

4E+WThe defendant need not be granted bail if he is in custody in pursuance of [F47a sentence of a court or a sentence imposed by an officer under the Armed Forces Act 2006.]

Textual Amendments

F47Words in Sch. 1 Pt. II para. 4 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. 78(a); 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)

C3Sch. 1 Pt. II para. 4 modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 15

[F485E+WThe defendant need not be granted bail if—

[F49(za)the defendant—

(i)is a child or young person, or

(ii)has been convicted in the proceedings of an offence;]

(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).]

Textual Amendments

F48Sch. 1 Pt.2 para 5 substituted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 13(4). 336(3) (with s. 141); S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))

[F506(1)The defendant need not be granted bail if—E+W

(a)having been released on bail in, or in connection with, the proceedings for the offence, the defendant has been arrested in pursuance of section 7, 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 by engaging in conduct that would, or would be likely to, cause—

(i)physical or mental injury to an associated person, or

(ii)an associated person to fear physical or mental injury.

(2)In sub-paragraph (1) “associated person” means a person who is associated with the defendant within the meaning of section 62 of the Family Law Act 1996.]

Textual Amendments

[F51Part IIAE+W Decisions where Bail Refused on Previous Hearing

Textual Amendments

1E+WIf 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.

2E+WAt 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).

3E+WAt subsequent hearings the court need not hear arguments as to fact or law which it has heard previously.]

Part IIIE+W Interpretation

1E+WFor 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.

[F522E+WReferences 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 [F53paragraph 16 of Schedule 11 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012]), 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 [F54paragraph 17 of Schedule 11 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012]), 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][F55;

(g)as respects the reference in paragraph 6 of Part 2 of this Schedule, bail granted before the coming into force of that paragraph.]

Textual Amendments

F52Sch. 1 Pt. III para. 2 substituted (1.1.2007) by Criminal Justice Act 2003 (c. 44), s. 336(3), Sch. 36 para. 3; S.I. 2006/3217, art. 2(b) (with art. 3)

3E+WReferences 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 [F56accommodation pursuant to a remand under section 91(3) or (4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands to local authority accommodation or youth detention accommodation).]

Textual Amendments

4E+WIn this Schedule—

  • “court”, in the expression “sentence of a court”, includes a service court as defined in section 12(1) of the M1Visiting 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 [F57Part 2 of [F58Schedule 10 to the Sentencing Code] (breach of requirement of order)];

  • F59...

Textual Amendments

F57Sch. 1 Pt. 3 para. 4 words substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3), Sch. 32 para. 23; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(12) (with art. 2(2), Sch. 2).

F58Words in Sch. 1 Pt. 3 para. 4 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 37(3) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F59Words in Sch. 1 Pt. 3 para. 4 repealed (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. 78(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

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Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

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Click 'View More' or select 'More Resources' tab for additional information including:

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