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Version Superseded: 01/01/2004
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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 18 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.
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8(1)Subject to sub-paragraph (3) below, where the defendant is granted bail, no conditions shall be imposed under subsections (4) to (7) [F1(except subsection (6)(d) [F2or (e)])]of section 3 of this Act unless it appears to the court that it is necessary to do so for the purpose of preventing the occurrence of any of the events mentioned in paragraph 2 of this Part of this Schedule F3. . ..E+W
[F4(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)[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 2000]to 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.
Textual Amendments
F1Words in Sch. 1 para. 8 inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11, para. 22(2); S.I. 1992/333, art. 2(2), Sch. 2.
F2Words 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).
F3Words in Sch. 1 para. 8 repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 100. 101(2), Sch. 11. para. 22(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2.
F4Sch. 1 para. 8(1A) inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 22(3); S.I. 1992/333, art. 2(2), Sch. 2.
F5Words in Sch. 1 para. 8(2) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 22(4); S.I. 1992/333, art. 2(2), Sch. 2.
F6Words in Sch. 1 para. 8(3) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 22(5); S.I. 1992/333, art. 2(2), Sch. 2.
F7Words inserted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), s. 34(4)
F8Words 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)
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)(b)
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