Paragraph 9AB F1
England and Wales
Subject to sub-paragraph (2) below, this paragraph applies if—
the defendant is F2a child or young person, and
it appears to the court that, having been released on bail in or in connection with the proceedings for the offence, he failed to surrender to custody.
Where it appears to the court that the defendant had reasonable cause for his failure to surrender to custody, this paragraph does not apply unless it also appears to the court that he failed to surrender to custody at the appointed place as soon as reasonably practicable after the appointed time.
In deciding for the purposes of paragraph 2(1) of this Part of this Schedule whether it is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not), would fail to surrender to custody, the court shall give particular weight to—
where the defendant did not have reasonable cause for his failure to surrender to custody, the fact that he failed to surrender to custody, or
where he did have reasonable cause for his failure to surrender to custody, the fact that he failed to surrender to custody at the appointed place as soon as reasonably practicable after the appointed time.
For the purposes of this paragraph, a failure to give to the defendant a copy of the record of the decision to grant him bail shall not constitute a reasonable cause for his failure to surrender to custody.
Annotations
Textual amendments
- F1
Sch. 1 Pt. 1 para. 9AB inserted (1.1.2007 for specified purposes) by Criminal Justice Act 2003 (c. 44), ss. 15(2), 336(3)(4) (with s. 141); S.I. 2006/3217, art. 2(a) (with art. 3(2))
- F2
Words in Sch. 1 Pt. 1 para. 9AB(1)(a) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 21; S.I. 2012/2906, art. 2(i)