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This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.
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An Act to make provision in relation to bail in or in connection with criminal proceedings in England and Wales, to make it an offence to agree to indemnify sureties in criminal proceedings, to make provision for legal aid limited to questions of bail in certain cases and for legal aid for persons kept in custody for inquiries or reports, to extend the powers of coroners to grant bail and for connected purposes.
[15 November 1976]
C1Act excluded by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), ss. 47(2), 51, 52
C2Act modified (E.W.) by S.I. 1987/299, art. 8(1)
Act applied (E.W.) (prosp.) by 1980 c. 43, ss. 4-8 (as substituted by 1994 c. 33, s. 44(2)(3)(4), Sch. 4 Pt.I (which Sch. 4 was repealed (retrospectively) by 1996 c. 25, ss. 44(2)(6), 80, Sch. 5 para. 1))
Act applied (1.9.2001) by 2001 c. 17, s. 16(2) (with ss. 16(5), 78); S.I. 2001/2161, art. 2
C3By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para.23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.
E1For extent of Act see s. 13(3)(4)
I1Act partly in force at Royal Assent see s. 13(2); Act wholly in force at 17.4.1978
(1)In this Act “bail in criminal proceedings” means—
(a)bail grantable in or in connection with proceedings for an offence to a person who is accused or convicted of the offence, or
(b)bail grantable in connection with an offence to a person who is under arrest for the offence or for whose arrest for the offence a warrant (endorsed for bail) is being issued.
(2)In this Act “ bail” means bail grantable under the law (including common law) for the time being in force.
(3)Except as provided by section 13(3) of this Act, this section does not apply to bail in or in connection with proceedings outside England and Wales.
F1(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)This section applies—
(a)Whether the offence was committed in England or Wales or elsewhere, and
(b)whether it is an offence under the law of England and Wales, or of any other country or territory.
(6)Bail in criminal proceedings shall be granted (and in particular shall be granted unconditionally or conditionally) in accordance with this Act.
F1S. 1(4) repealed (10.4.1995) by 1994 c. 33, s. 168(3), Sch.11; S.I. 1995/721, art. 2, Sch. AppendixB
C1Definition in s. 1 applied ( 1. 4. 1991) by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 7A(4); S.I. 1991/608, art. 2, Sch.
E1For extent of s. 1 see s. 13(3)(4)
(1)In this Act, unless the context otherwise requires, “conviction” includes—
(a)a finding of guilt,
(b)a finding that a person is not guilty by reason of insanity,
(c)a finding under [F1section 11(1) of the Powers of Criminal Courts (Sentencing) Act 2000](remand for medical examination) that the person in question did the act or made the omission charged, and
(d)a conviction of an offence for which an order is made placing the offender on probation or discharging him absolutely or conditionally,
and “convicted” shall be construed accordingly.
(2)In this Act, unless the context otherwise requires—
[F2 [F3“bail hostel” means premises for the accommodation of persons remanded on bail,]]
“child” means a person under the age of fourteen,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
“court” includes a judge of a court, [F5or a justice of the peace] and, in the case of a specified court, includes a judge or (as the case may be) justice having powers to act in connection with proceedings before that court,
“Courts-Martial Appeal rules” means rules made under section 49 of the M1Courts-Martial (Appeals) Act 1968,
“Crown Court rules” means rules made under section 15 of the M2Courts Act 1971,
“magistrates’ courts rules” means rules made under section 15 of the Justices of the M3Peace Act 1949.
“offence” includes an alleged offence,
[F6“probation hostel” means premises for the accommodation of persons who may be required to reside there by a probation order,]
“proceedings against a fugitive offender” means proceedings under [F7the Extradition Act 1989] or section 2(1) or 4(3) of the M4Backing of Warrants (Republic of Ireland) Act 1965,
“Supreme Court rules” means rules made under section 99 of the M5Supreme Court of Judicature (Consolidation) Act 1925,
“surrender to custody” means, in relation to a person released on bail, surrendering himself into the custody of the court or of the constable (according to the requirements of the grant of bail) at the time and place for the time being appointed for him to do so,
“vary”, in relation to bail, means imposing further conditions after bail is granted, or varying or rescinding conditions,
“young person” means a person who has attained the age of fourteen and is under the age of seventeen.
(3)Where an enactment (whenever passed) which relates to bail in criminal proceedings refers to the person bailed appearing before a court it is to be construed unless the context otherwise requires as referring to his surrendering himself into the custody of the court.
(4)Any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied, by or under any other enactment, including this Act.
F1Words in s. 2(1)(c) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 50(2)
F2Definitions inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 52
F3Definition of
“bail hostel”
substituted (25.8.2000) for the definitions of
“bail hostel”
and
“probation hostel”
by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 50(3)(a)
F4Definition of “coroners' rules” repealed by Criminal Law Act 1977 (c. 45), Sch. 13
F5Words substituted by Criminal Law Act 1977 (c. 45), Sch. 12
F6Definition of
“probation hostel”
inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 50(3)(b)
F7Words substituted by Extradition Act 1989 (c. 33, SIF 48), s. 36(3)
M11968 c. 20.
M21971 c. 23.
M31949 c. 101.
M41965 c. 45.
M51925 c. 49.
(1)A person granted bail in criminal proceedings shall be under a duty to surrender to custody, and that duty is enforceable in accordance with section 6 of this Act.
(2)No recognizance for his surrender to custody shall be taken from him.
(3)Except as provided by this section—
(a)no security for his surrender to custody shall be taken from him,
(b)he shall not be required to provide a surety or sureties for his surrender to custody, and
(c)no other requirement shall be imposed on him as a condition of bail.
(4)He may be required, before release on bail, to provide a surety or sureties to secure his surrender to custody.
(5)F1. . .he may be required, before release on bail, to give security for his surrender to custody.
The security may be given by him or on his behalf.
(6)He may be required F2. . . to comply, before release on bail or later, with such requirements as appear to the court to be necessary to secure that—
(a)he surrenders to custody,
(b)he does not commit an offence while on bail,
(c)he does not interfere with witnesses or otherwise obstruct the course of justice whether in relation to himself or any other person,
(d)he makes himself available for the purpose of enabling inquiries or a report to be made to assist the court in dealing with him for the offence.
[F3(e)before the time appointed for him to surrender to custody, he attends an interview with an authorised advocate or authorised litigator, as defined by section 119(1) of the M1Courts and Legal Services Act 1990;]
[F4and, in any Act, “the normal powers to impose conditions of bail” means the powers to impose conditions under paragraph (a), (b) or (c) above]
[F5(6ZAA)Subject to section 3AA below, if he is a child or young person he may be required to comply with requirements imposed for the purpose of securing the electronic monitoring of his compliance with any other requirement imposed on him as a condition of bail.]
[F6(6ZA)Where he is required under subsection (6) above to reside in a bail hostel or probation hostel, he may also be required to comply with the rules of the hostel.]
[F7(6A)In the case of a person accused of murder the court granting bail shall, unless it considers that satisfactory reports on his mental condition have already been obtained, impose as conditions of bail—
(a)a requirement that the accused shall undergo examination by two medical practitioners for the purpose of enabling such reports to be prepared; and
(b)a requirement that he shall for that purpose attend such an institution or place as the court directs and comply with any other directions which may be given to him for that purpose by either of those practitioners.
(6B)Of the medical practitioners referred to in subsection (6A) above at least one shall be a practitioner approved for the purposes of [F8section 12 of the Mental Health Act 1983].]
(7)If a parent or guardian of a child or young person consents to be surety for the child or young person for the purposes of this subsection, the parent or guardian may be required to secure that the child or young person complies with any requirement imposed on him by virtue of [F9subsection (6) [F10, (6ZAA)]or (6A) above], but—
(a)no requirement shall be imposed on the parent or the guardian of a young person by virtue of this subsection where it appears that the young person will attain the age of seventeen before the time to be appointed for him to surrender to custody; and
(b)the parent or guardian shall not be required to secure compliance with any requirement to which his consent does not extend and shall not, in respect of those requirements to which his consent does extend, be bound in a sum greater than £50.
(8)Where a court has granted bail in criminal proceedings [F11that court or, where that court has committed a person on bail to the Crown Court for trial or to be sentenced or otherwise dealt with, that court or the Crown Court may] on application—
(a)by or on behalf of the person to whom [F11bail was] granted, or
(b)by the prosecutor or a constable,
vary the conditions of bail or impose conditions in respect of bail which [F11has been] granted unconditionally.
[F12(8A)Where a notice of transfer is given under [F13a relevant transfer provision], subsection (8) above shall have effect in relation to a person in relation to whose case the notice is given as if he had been committed on bail to the Crown Court for trial.]
[F14(8B)Subsection (8) above applies where a court has sent a person on bail to the Crown Court for trial under section 51 of the Crime and Disorder Act 1998 as it applies where a court has committed a person on bail to the Crown Court for trial.]
(9)This section is subject to [F15subsection (3) of section 11 of the Powers of Criminal Courts (Sentencing) Act 2000] (conditions of bail on remand for medical examination).
[F16(10)This section is subject, in its application to bail granted by a constable, to section 3A of this Act.]
[F17(10)In subsection (8A) above “relevant transfer provision” means—
(a)section 4 of the Criminal Justice Act 1987, or
(b)section 53 of the Criminal Justice Act 1991.]
F1Words in s. 3(5) repealed (30.9.1998) by 1998 c. 37, ss. 54(1), 120(2), Sch. 10; S.I. 1998/2327, art. 2(3)(n)
F2Words in s. 3(6) repealed (10.4.1995) by 1994 c. 33, ss. 27(2)(a), 168(3), Sch. 11; S.I. 1995/721, art. 2, Sch. Appendix B
F3S. 3(6)(e) inserted (30.9.1998) by 1998 c. 37, s. 54(2); S.I. 1998/2327, art. 2(1)(n)
F4Words at the end of s. 3(6) inserted (10.4.1995) by 1994 c. 33, s. 27(2)(b); S.I. 1995/721, art. 2, Sch.
F5S. 3(6ZAA) inserted (1.3.2002) by 2001 c. 16, s. 131(1); S.I. 2002/344, art. 2 (with transitional provisions in art. 4)
F6S. 3(6ZA) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 131(1), Sch. 8 para. 16
F7S. 3(6A)(6B) inserted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), s. 34(2)
F8Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 46
F9Words substituted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), s. 34(3)
F10Words in s. 3(7) inserted (1.3.2002) by 2001 c. 16, s. 131(3); S.I. 2002/344, art. 2 (with transitional provisions in art. 4)
F11Words substituted by Criminal Law Act 1977 (c. 45), Sch. 12
F12S. 3(8A) inserted by Criminal Justice Act 1987 (c. 38, SIF 39:1), s. 15, Sch. 2 para. 9
F13Words in s. 3(8A) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 12(a); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A
F14S. 3(8B) inserted (the insertion being in force 4.1.1999 for the purposes as referred to in S.I. 1998/2327, art. 4(2)(c), Sch. 2 and otherwise 15.1.2001) by 1998 c. 37, s. 119, Sch. 8 para. 37; S.I. 2000/3283, art. 2(c)
F15Words in s. 3(9) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 51
F16S. 3(10) beginning "This section is" inserted (10.4.1995) by 1994 c. 33, s. 27(2)(c); S.I. 1995/721, art. 2, Sch.
F17S. 3(10) beginning "In subsection (8A)" inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 12(b); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A
M11990 c.41.
(1)A court shall not impose on a child or young person a requirement under section 3(6ZAA) above (an “electronic monitoring requirement”) unless each of the following conditions is satisfied.
(2)The first condition is that the child or young person has attained the age of twelve years.
(3)The second condition is that—
(a)the child or young person is charged with or has been convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or
(b)he is charged with or has been convicted of one or more imprisonable offences which, together with any other imprisonable offences of which he has been convicted in any proceedings—
(i)amount, or
(ii)would, if he were convicted of the offences with which he is charged, amount,
to a recent history of repeatedly committing imprisonable offences while remanded on bail or to local authority accommodation.
(4)The third condition is that the court—
(a)has been notified by the Secretary of State that electronic monitoring arrangements are available in each petty sessions area which is a relevant area; and
(b)is satisfied that the necessary provision can be made under those arrangements.
(5)The fourth condition is that a youth offending team has informed the court that in its opinion the imposition of such a requirement will be suitable in the case of the child or young person.
(6)Where a court imposes an electronic monitoring requirement, the requirement shall include provision for making a person responsible for the monitoring; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.
(7)The Secretary of State may make rules for regulating—
(a)the electronic monitoring of compliance with requirements imposed on a child or young person as a condition of bail; and
(b)without prejudice to the generality of paragraph (a) above, the functions of persons made responsible for securing the electronic monitoring of compliance with such requirements.
(8)Rules under this section may make different provision for different cases.
(9)Any power of the Secretary of State to make an order or rules under this section shall be exercisable by statutory instrument.
(10)A statutory instrument containing rules made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(11)In this section “local authority accommodation” has the same meaning as in the Children and Young Persons Act 1969 (c. 54).
(12)For the purposes of this section a petty sessions area is a relevant area in relation to a proposed electronic monitoring requirement if the court considers that it will not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area.]
F1S. 3AA inserted (1.3.2002) by 2001 c. 16, s. 131(2); S.I. 2002/344, art. 2 (with transitional provisions in art. 4)
(1)Section 3 of this Act applies, in relation to bail granted by a custody officer under Part IV of the M1Police and Criminal Evidence Act 1984 in cases where the normal powers to impose conditions of bail are available to him, subject to the following modifications.
(2)Subsection (6) does not authorise the imposition of a requirement to reside in a bail hostel or any requirement under [F2paragraph (d) or (e)].
(3)Subsections [F3(6ZAA),](6ZA), (6A) and (6B) shall be omitted.
(4)For subsection (8), substitute the following—
”(8)Where a custody officer has granted bail in criminal proceedings he or another custody officer serving at the same police station may, at the request of the person to whom it was granted, vary the conditions of bail; and in doing so he may impose conditions or more onerous conditions.”.
(5)Where a constable grants bail to a person no conditions shall be imposed under subsections (4), (5), (6) or (7) of section 3 of this Act unless it appears to the constable that it is necessary to do so for the purpose of preventing that person from—
(a)failing to surrender to custody, or
(b)committing an offence while on bail, or
(c)interfering with witnesses or otherwise obstructing the course of justice, whether in relation to himself or any other person.
(6)Subsection (5) above also applies on any request to a custody officer under subsection (8) of section 3 of this Act to vary the conditions of bail.]
F1S. 3A inserted (10.4.1995) by 1994 c. 33, s. 27(3); S.I. 1995/721, art. 2, Sch.
F2Words in s. 3A(2) substituted (30.9.1998) by 1998 c. 37, s. 54(3); S.I. 1998/2327, art. 2(1)(n)
F3Words in s. 3A(3) inserted (1.3.2002) by 2001 c. 16, s. 131(4); S.I. 2002/344, art. 2 (with transitional provisions in art. 4)
M11984 c. 60.
Bail Act 1976