Paragraph 1A F1
The paragraphs of this Part of this Schedule mentioned in sub-paragraph (2) do not apply in relation to bail in non-extradition proceedings where—
the defendant has attained the age of 18 F2and,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
it appears to the court that there is no real prospect that the defendant will be sentenced to a custodial sentence F4, other than a suspended sentence, in the proceedings.
The paragraphs are—
paragraph 2 (refusal of bail where defendant may fail to surrender to custody, commit offences on bail or interfere with witnesses),
paragraph 2A (refusal of bail where defendant appears to have committed indictable or either way offence while on bail), and
paragraph 6 (refusal of bail where defendant has been arrested under section 7).
Annotations
Textual amendments
- F1
Sch. 1 Pt. 1 para. 1A inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 13; S.I. 2012/2906, art. 2(i)
- F2
Word in Sch. 1 Pt. 1 para. 1A(1)(a) inserted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 44(8)(a)(i), 49(1); S.I. 2026/86, reg. 2
- F3
Sch. 1 Pt. 1 para. 1A(1)(b) omitted (22.3.2026) by virtue of Sentencing Act 2026 (c. 2), ss. 44(8)(a)(ii), 49(1); S.I. 2026/86, reg. 2
- F4
Words in Sch. 1 Pt. 1 para. 1A(1)(c) inserted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 44(8)(a)(iii), 49(1); S.I. 2026/86, reg. 2
Notes on Application of Part 1
Textual amendments
- F1
Words in Sch. 1 Pt. 1 para. 1 cross-heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 11; S.I. 2012/2906, art. 2(i)