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Bail Act 1976

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Changes over time for: Cross Heading: Restriction of conditions of bail

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Changes to legislation:

Bail Act 1976, Cross Heading: Restriction of conditions of bail is up to date with all changes known to be in force on or before 25 February 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

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 [F1(4) to (6B) or (7)] [F2(except subsection (6)(d) [F3or (e)])]of section 3 of this Act unless it appears to the court [F4that 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.]

F5[(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)[F6Sub-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 [F7sub-paragraph (1A)] above shall not [F8apply to the conditions required to be imposed under section 3(6A) of this Act or] operate to override the direction in [F9section 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 [F10the said section 11(3)] in the circumstances so specified.

Textual Amendments

F1Words 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)

F3Words 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).

F4Sch. 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)

F9Words 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)

F10Words 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)

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