Paragraph 9

England and Wales

In taking the decisions required by paragraph F12(1), or in deciding whether it is satisfied as mentioned in paragraph F22ZA(1), F3or of the opinion mentioned in paragraph 6ZA F4or 6A of this Part of this Schedule, the court shall have regard to such of the following considerations as appear to it to be relevant, that is to say—

(a)

the nature and seriousness of the offence or default (and the probable method of dealing with the defendant for it),

(b)

the character, antecedents, associations and community ties of the defendant,

F5(ba)

the fact (where it is the case) that the defendant—

(i)

is pregnant,

(ii)

is the primary carer for another person, or

(iii)

has been the victim of an offence which involved behaviour by the offender amounting to domestic abuse within the meaning given by section 1 of the Domestic Abuse Act 2021,

(c)

the defendant’s record as respects the fulfilment of his obligations under previous grants of bail in criminal proceedings,

(d)

except in the case of a defendant whose case is adjourned for inquiries or a report, the strength of the evidence of his having committed the offence or having defaulted,

F6(e)

if the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not), would commit an offence while on bail, the risk that the defendant may do so by engaging in conduct that would, or would be likely to, cause physical or mental injury to any person other than the defendant,

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

Annotations

Textual amendments

F1: Words in Sch. 1 Pt. 1 para. 9 substituted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 20(2), 336(3)(4) (with s. 141); S.I. 2004/829, art. 2(1)(2)(b) (with art. 2(3))
F2: Words in Sch. 1 Pt. 1 para. 9 substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 19(a); S.I. 2012/2906, art. 2(i)
F3: Words in Sch. 1 Pt. 1 para. 9 inserted (1.2.2010) by Coroners and Justice Act 2009 (c. 25), ss. 114(3)(a), 182(5) (with s. 180); S.I. 2010/145, art. 2(2), Sch. para. 7
F4: Words in Sch. 1 Pt. 1 para. 9 inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 19(b); S.I. 2012/2906, art. 2(i)
F5: Sch. 1 Pt. 1 para. 9(ba) inserted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 44(8)(b), 49(1); S.I. 2026/86, reg. 2
F6: Sch. 1 Pt. 1 para. 9(e) inserted (1.2.2010) by Coroners and Justice Act 2009 (c. 25), ss. 114(3)(b), 182(5) (with s. 180); S.I. 2010/145, art. 2(2), Sch. para. 7