SCHEDULES

SCHEDULE 9 Consequential amendments

Bail Act 1976 (c. 63)

50

(1)

Section 2 of the Bail Act 1976 (definitions) shall be amended as follows.

(2)

In subsection (1)(c), for “section 30(1) of the Magistrates’ Courts Act 1980” there shall be substituted “ section 11(1) of the Powers of Criminal Courts (Sentencing) Act 2000 ”.

(3)

In subsection (2)—

(a)

for the definition of “bail hostel” and “probation hostel” there shall be substituted the following definition—

““bail hostel” means premises for the accommodation of persons remanded on bail,”;

and

(b)

after the definition of “offence” there shall be inserted the following definition—

““probation hostel” means premises for the accommodation of persons who may be required to reside there by a probation order,”.

51

In section 3 of the Bail Act 1976 (general provisions), in subsection (9), for “subsection (2) of section 30 of the Magistrates’ Courts Act 1980” there shall be substituted “ subsection (3) of section 11 of the Powers of Criminal Courts (Sentencing) Act 2000 ”.

52

In section 4 of the Bail Act 1976 (general right to bail of accused person and others), in subsection (3), for “Part II of Schedule 2 to the Criminal Justice Act 1991 (breach of requirement of probation, community service, combination or curfew order)” there shall be substituted “ Part II of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 (breach of certain community orders) ”.

53

In section 5 of the Bail Act 1976 (supplementary provisions about decisions on bail), in subsection (6A)(a)—

(a)

after the words “in custody under” there shall be inserted “ section 11 of the Powers of Criminal Courts (Sentencing) Act 2000 (remand for medical examination) or ”;

(b)

at the end of sub-paragraph (ii) there shall be inserted “ or ”; and

(c)

for sub-paragraphs (iii) and (iv) there shall be substituted the following sub-paragraph—

“(iii)

section 18 (initial procedure on information against adult for offence triable either way),”.

54

(1)

Schedule 1 to the Bail Act 1976 (persons entitled to bail: supplementary provisions) shall be amended as follows.

(2)

In Part I, in paragraph 8(3)—

(a)

for “section 30(2) of the Magistrates’ Courts Act 1980” there shall be substituted “ section 11(3) of the Powers of Criminal Courts (Sentencing) Act 2000 ”; and

(b)

for “the said section 30(2)” there shall be substituted “ the said section 11(3) ”.

(3)

In Part III, in paragraph 4, in the definition of “default”, for “section 6 or 16 of the Powers of Criminal Courts Act 1973” there shall be substituted “ Part II of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 ”.