Northern Ireland (Emergency Provisions) Act 1987

1 Limitation of power to grant bail in case of scheduled offences.

The following section shall be substituted for section 2 of the [1978 c. 5.] Northern Ireland (Emergency Provisions) Act 1978 (in this Act referred to as “the 1978 Act”)—

“2 Limitation of power to grant bail in case of scheduled offences.

(1) Subject to subsection (7) below, a person to whom this section applies shall not be admitted to bail except—

(a) by a judge of the High Court or the Court of Appeal; or

(b) by the judge of the court of trial, on adjourning the trial of a person charged with a scheduled offence.

(2) A judge may, in his discretion, admit to bail in pursuance of subsection (1) above a person to whom this section applies except where he is satisfied that there are substantial grounds for believing that that person, 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 any witness, or

(d) otherwise obstruct or attempt to obstruct the course of justice, whether in relation to himself or in relation to any other person,

or, if released subject to conditions, would fail to comply with all or any of those conditions.

(3) In exercising his discretion in accordance with subsection (2) above in relation to a person, a judge shall have regard to such of the following considerations as appear to him to be relevant, namely—

(a) the nature and seriousness of the offence with which the person is charged,

(b) the character, antecedents, associations and community ties of the person,

(c) the time which the person has already spent in custody and the time which he is likely to spend in custody if he is not admitted to bail, and

(d) the strength of the evidence of his having committed the offence,

as well as to any others which appear to be relevant.

(4) Without prejudice to any other power to impose conditions on admission to bail, a judge may impose such conditions on admitting a person to bail under this section as appear to him to be likely to result in that person’s appearance at the time and place required, or to be necessary in the interests of justice or for the prevention of crime.

(5) This section applies, subject to subsection (6) below, to any person—

(a) who is charged with a scheduled offence; and

(b) who has attained the age of fourteen.

(6) This section does not apply to a person charged with a scheduled offence—

(a) which is being tried summarily, or

(b) which the Director of Public Prosecutions for Northern Ireland certifies is in his opinion suitable to be tried summarily.

(7) Subsection (1) above shall not preclude a resident magistrate from admitting to bail a person to whom this section applies if—

(a) the person is a serving member of any of Her Majesty’s forces or a serving member of the Royal Ulster Constabulary or of the Royal Ulster Constabulary Reserve, and

(b) the resident magistrate is satisfied that suitable arrangements have been made for the person to be held in military or (as the case may be) police custody, and imposes a condition on admitting him to bail that he is to be held in such custody.”