Point in time view as at 12/04/2019.
Bail Act 1976, Section 5B is up to date with all changes known to be in force on or before 04 March 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.
[F1(A1)This section applies in any of these cases—
(a)a magistrates' court has granted bail in criminal proceedings in connection with an offence to which this section applies or proceedings for such an offence;
(b)a constable has granted bail in criminal proceedings in connection with proceedings for such an offence;
(c)a magistrates' court or a constable has granted bail in connection with extradition proceedings.
(1)The court or the appropriate court in relation to the constable may, on application by the prosecutor for the decision to be reconsidered—
(a)vary the conditions of bail,
(b)impose conditions in respect of bail which has been granted unconditionally, or
(c)withhold bail.]
(2)The offences to which this section applies are offences triable on indictment and offences triable either way.
(3)No application for the reconsideration of a decision under this section shall be made unless it is based on information which was not available to the court or constable when the decision was taken.
(4)Whether or not the person to whom the application relates appears before it, the magistrates’ court shall take the decision in accordance with section 4(1) (and Schedule 1) of this Act.
(5)Where the decision of the court on a reconsideration under this section is to withhold bail from the person to whom it was originally granted the court shall—
(a)if that person is before the court, remand him in custody, and
(b)if that person is not before the court, order him to surrender himself forthwith into the custody of the court.
(6)Where a person surrenders himself into the custody of the court in compliance with an order under subsection (5) above, the court shall remand him in custody.
(7)A person who has been ordered to surrender to custody under subsection (5) above may be arrested without warrant by a constable if he fails without reasonable cause to surrender to custody in accordance with the order.
(8)A person arrested in pursuance of subsection (7) above shall be brought as soon as practicable, and in any event within 24 hours after his arrest, before a justice of the peace F2... and the justice shall remand him in custody.
In reckoning for the purposes of this subsection any period of 24 hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.
[F3(8A)Where the court, on a reconsideration under this section, refuses to withhold bail from a relevant person after hearing representations from the prosecutor in favour of withholding bail, then the court shall give reasons for refusing to withhold bail.
(8B)In subsection (8A) above, “relevant person” means a person to whom section 4(1) (and Schedule 1) of this Act is applicable in accordance with subsection (4) above.
(8C)A court which is by virtue of subsection (8A) above required to give reasons for its decision shall include a note of those reasons in any record of its decision and, if requested to do so by the prosecutor, shall cause the prosecutor to be given a copy of any such record as soon as practicable after the record is made.]
(9)[F4Criminal Procedure Rules] shall include provision—
(a)requiring notice of an application under this section and of the grounds for it to be given to the person affected, including notice of the powers available to the court under it;
(b)for securing that any representations made by the person affected (whether in writing or orally) are considered by the court before making its decision; and
(c)designating the court which is the appropriate court in relation to the decision of any constable to grant bail.]
Extent Information
E1S. 5B inserted (10.4.1995) by 1994 c. 33, s. 30; S.I. 1995/721, art. 2, Sch.
Textual Amendments
F1S. 5B(A1)(1) substituted for s. 5B(1) (1.1.2004) by Extradition Act 2003 (c. 41), ss. 198(6), 221; S.I. 2003/3103, art. 2 (with arts. 3, 4) (as amended (18.12.2003) by S.I. 2003/3312, art. 2)
F2Words in s. 5B(8) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 183(2), Sch. 10; S.I. 2005/910, art. 3(y)
F3S. 5B(8A)-(8C) inserted (1.8.2001) by 2001 c. 16, s. 129(3); S.I. 2001/2223, art. 3(i)
F4Words in s. 5B(9) substituted (1.9.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 183(3); S.I. 2004/2066, art. 2(c)(ix) (with art. 3)
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