OpenLegislation

Bail Act 1976 in Scotland

1976 c. 63 · Enacted 15 November 1976 · Extends to United Kingdom

Not fully up to date. 8 changes made by later legislation have not yet been written into this text, which is revised to 29 April 2026.

See the changes not yet applied
ProvisionChangeMade by
s. 5(6A)(a)words insertedCriminal Justice Act 2003 Sch. 36 para. 2(2)
s. 5(6A)(a) (iia)insertedCriminal Justice Act 2003 Sch. 36 para. 2(3)
s. 5(6A)(a) (iiia) and wordinsertedCriminal Justice Act 2003 Sch. 36 para. 2(4)
s. 3A(1)words substitutedPolice, Crime, Sentencing and Courts Act 2022 Sch. 11 para. 5
s. 5A(1)words substitutedPolice, Crime, Sentencing and Courts Act 2022 Sch. 11 para. 6
Sch. 1 Pt. 2 para. 3substitutedMental Health Act 2025 s. 49(4)
Sch. 1 Pt. 1 para. 3substitutedMental Health Act 2025 s. 49(2)
Sch. 1 Pt. 1A para. 5substitutedMental Health Act 2025 s. 49(3)

Contents

  1. Preliminary
  2. 3AABConditions for the imposition of electronic monitoring requirements: certain adults released on bail where real prospect of suspended sentence
  3. Supplementary
  4. 6Offence of absconding by person released on bail.
  5. 8Bail with sureties.
  6. 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  7. 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  8. 12Amendments, repeals and transitional provisions.
  9. Application of Part 1
  10. 1AParagraph 1A
  11. 2ZAParagraph 2ZA
  12. 2BParagraph 2B
  13. 3Paragraph 3
  14. 5Paragraph 5
  15. 6ZAParagraph 6ZA
  16. Exception applicable to drug users in certain areas
  17. Exception applicable to drug users in certain areas
  18. Exception applicable to drug users in certain areas
  19. Exception applicable only to defendant whose case is adjourned for inquiries or a report
  20. 7Paragraph 7
  21. Restriction of conditions of bail
  22. Decisions under paragraph 2
  23. Cases under section 128A of Magistrates’ Courts Act 1980
  24. 9BParagraph 9B
  25. Part 1A: Defendants Accused or Convicted of Imprisonable Offences to which Part 1 does not apply
  26. Application of Part 1A
  27. 1AParagraph 1A
  28. Exceptions to right to bail
  29. 2Paragraph 2
  30. 3Paragraph 3
  31. 5Paragraph 5
  32. 6Paragraph 6
  33. 7Paragraph 7
  34. 8Paragraph 8
  35. Application of paragraphs 6A to 6C of Part 1
  36. 9Paragraph 9
  37. Defendants to whom Part II applies
  38. 1Paragraph 1
  39. Exceptions to right to bail
  40. 2Paragraph 2
  41. 3Paragraph 3
  42. 6Paragraph 6
  43. Part IIA: Decisions where Bail Refused on Previous Hearing
  44. 1Paragraph 1
  45. 2Paragraph 2
  46. 3Paragraph 3
  47. 1Paragraph 1
  48. 3Paragraph 3
  49. Schedule 2: CONSEQUENTIAL AND OTHER AMENDMENTS OF ACTS
  50. 1Paragraph 1
  51. 2Paragraph 2 Repealed
  52. 3Paragraph 3
  53. 4Paragraph 4 Repealed
  54. 5Paragraph 5 Repealed
  55. 6Paragraph 6 Repealed
  56. 7Paragraph 7
  57. 8Paragraph 8
  58. 9Paragraph 9
  59. 10Paragraph 10
  60. 11Paragraph 11
  61. 12Paragraph 12 Repealed
  62. 13Paragraph 13 Repealed
  63. 14—29Paragraph 14—29 Repealed
  64. 31Paragraph 31
  65. 34Paragraph 34
  66. 35Paragraph 35 Repealed
  67. 36Paragraph 36
  68. 37Paragraph 37
  69. 38Paragraph 38
  70. 40—42Paragraph 40—42 Repealed
  71. 43Paragraph 43
  72. 44Paragraph 44
  73. 45Paragraph 45
  74. Courts-Martial (Appeals) Act 1968
  75. 46Paragraph 46
  76. 47Paragraph 47
  77. 48Paragraph 48 Repealed
  78. 1Paragraph 1
  79. 2Paragraph 2
  80. 3Paragraph 3
  81. 4Paragraph 4

3AABConditions for the imposition of electronic monitoring requirements: certain adults released on bail where real prospect of suspended sentenceF1

(1)

This section applies to a person who has attained the age of 18 and is released on bail in non-extradition proceedings if it appears to the court that—

(a)

there is no real prospect that the person will be sentenced in the proceedings to a custodial sentence, other than a suspended sentence, and

(b)

there is a real prospect that the person will be sentenced in the proceedings to a suspended sentence.

(2)

Where the person is accused or convicted in the proceedings of one or more indictable offences or offences triable either way a court may not impose electronic monitoring requirements on the person unless—

(a)

the condition in subsection (4) or (8) is met, and

(b)

the condition in subsection (9) is met.

(3)

Where the person is accused or convicted in the proceedings of one or more offences each of which is a summary offence a court may not impose electronic monitoring requirements on the person unless—

(a)

the condition in subsection (5), (6), (7) or (8) is met, and

(b)

the condition in subsection (9) is met.

(4)

The condition in this subsection is that the court is satisfied that there are substantial grounds for believing that without the electronic monitoring requirements the person would—

(a)

fail to surrender to custody,

(b)

commit an offence while on bail, or

(c)

interfere with witnesses or otherwise obstruct the course of justice in relation to the person or any other person.

(5)

The condition in this subsection is that—

(a)

it appears to the court that, having previously been granted bail in criminal proceedings, the person has failed to surrender to custody in accordance with the person’s obligations under the grant of bail, and

(b)

the court believes that without the electronic monitoring requirements the person would fail to surrender to custody.

(6)

The condition in this subsection is that—

(a)

it appears to the court that the person was on bail in criminal proceedings on the date of the offence or one of the offences of which the person is accused or convicted in the proceedings, and

(b)

the court is satisfied that there are substantial grounds for believing that without the electronic monitoring requirements the person would commit an offence while on bail.

(7)

The condition in this subsection is that—

(a)

having been released on bail in or in connection with the proceedings, the person has been arrested in pursuance of section 7, and

(b)

the court is satisfied that without the electronic monitoring requirements there are substantial grounds for believing that the person would—

(i)

fail to surrender to custody,

(ii)

commit an offence while on bail, or

(iii)

interfere with witnesses or otherwise obstruct the course of justice in relation to the person or another person.

(8)

The condition in this subsection is that the court is satisfied that without the electronic monitoring requirements the person would not be granted bail.

(9)

The condition in this subsection is that the court is satisfied that the necessary provision for dealing with the person concerned can be made under arrangements for the electronic monitoring of persons released on bail that are currently available in each local justice area which is a relevant area.

(10)

An offence mentioned in Schedule 2 to the Magistrates’ Courts Act 1980 (offences for which the value involved is relevant to the mode of trial) in relation to which—

(a)

a determination has been made under section 22(2) of that Act (certain either way offences to be tried summarily if value involved is less than relevant sum) that it is clear that the value does not exceed the relevant sum for the purposes of that section, or

(b)

a determination has been made under section 9A(4) of this Act to the same effect,

is, for the purposes of this section, to be regarded as a summary offence.

6Offence of absconding by person released on bail.E1

(1)

If a person who has been released on bail in criminal proceedings fails without reasonable cause to surrender to custody he shall be guilty of an offence.

(2)

If a person who—

(a)

has been released on bail in criminal proceedings, and

(b)

having reasonable cause therefor, has failed to surrender to custody,

fails to surrender to custody at the appointed place as soon after the appointed time as is reasonably practicable he shall be guilty of an offence.

(3)

It shall be for the accused to prove that he had reasonable cause for his failure to surrender to custody.

(4)

A failure to give to a person granted bail in criminal proceedings a copy of the record of the decision shall not constitute a reasonable cause for that person’s failure to surrender to custody.

(5)

An offence under subsection (1) or (2) above shall be punishable either on summary conviction or as if it were a criminal contempt of court.

(6)

Where a magistrates’ court convicts a person of an offence under subsection (1) or (2) above the court may, if it thinks—

(a)

that the circumstances of the offence are such that greater punishment should be inflicted for that offence than the court has power to inflict, or

(b)

in a case where it F1sends that person for trial to the Crown Court for another offence, that it would be appropriate for him to be dealt with for the offence under subsection (1) or (2) above by the court before which he is tried for the other offence,

commit him in custody or on bail to the Crown Court for sentence.

(7)

A person who is convicted summarily of an offence under subsection (1) or (2) above and is not committed to the Crown Court for sentence shall be liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding F2level 5 on the standard scale or to both and a person who is so committed for sentence or is dealt with as for such a contempt shall be liable to imprisonment for a term not exceeding F312 months or to a fine or to both.

(8)

In any proceedings for an offence under subsection (1) or (2) above a document purporting to be a copy of the part of the prescribed record which relates to the time and place appointed for the person specified in the record to surrender to custody and to be duly certified to be a true copy of that part of the record shall be evidence of the time and place appointed for that person to surrender to custody.

(9)

For the purposes of subsection (8) above—

(a)

“the prescribed record” means the record of the decision of the court, officer or constable made in pursuance of section 5(1) of this Act;

(b)

the copy of the prescribed record is duly certified if it is certified by the appropriate officer of the court or, as the case may be, by the constable who took the decision or a constable designated for the purpose by the officer in charge of the police station from which the person to whom the record relates was released;

(c)

“the appropriate officer” of the court is—

(i)

in the case of a magistrates’ court, the F4designated officer for the court;

(ii)

in the case of the Crown Court, such officer as may be designated for the purpose in accordance with arrangements made by the Lord Chancellor;

(iii)

in the case of the High Court, such officer as may be designated for the purpose in accordance with arrangements made by the Lord Chancellor;

(iv)

in the case of the Court of Appeal, the registrar of criminal appeals or such other officer as may be authorised by him to act for the purpose;

(v)

in the case of the F5Court Martial Appeal Court, the registrar or such other officer as may be authorised by him to act for the purpose.

F6(10)

Section 127 of the Magistrates' Courts Act 1980 shall not apply in relation to an offence under subsection (1) or (2) above.

(11)

Where a person has been released on bail in criminal proceedings and that bail was granted by a constable, a magistrates' court shall not try that person for an offence under subsection (1) or (2) above in relation to that bail (the “relevant offence”) unless either or both of subsections (12) and (13) below applies.

(12)

This subsection applies if an information is laid for the relevant offence within 6 months from the time of the commission of the relevant offence.

(13)

This subsection applies if an information is laid for the relevant offence no later than 3 months from the time of the occurrence of the first of the events mentioned in subsection (14) below to occur after the commission of the relevant offence.

(14)

Those events are—

(a)

the person surrenders to custody at the appointed place;

(b)

the person is arrested, or attends at a police station, in connection with the relevant offence or the offence for which he was granted bail;

(c)

the person appears or is brought before a court in connection with the relevant offence or the offence for which he was granted bail.

8Bail with sureties. E+W+S

(1)

This section applies where a person is granted bail in criminal proceedings on condition that he provides one or more surety or sureties for the purpose of securing that he surrenders to custody.

(2)

In considering the suitability for that purpose of a proposed surety, regard may be had (amongst other things) to—

(a)

the surety’s financial resources;

(b)

his character and any previous convictions of his; and

(c)

his proximity (whether in point of kinship, place of residence or otherwise) to the person for whom he is to be surety.

(3)

Where a court grants a person bail in criminal proceedings on such a condition but is unable to release him because no surety or no suitable surety is available, the court shall fix the amount in which the surety is to be bound and subsections (4) and (5) below, or in a case where the proposed surety resides in Scotland subsection (6) below, shall apply for the purpose of enabling the recognizance of the surety to be entered into subsequently.

(4)

Where this subsection applies the recognizance of the surety may be entered into before such of the following persons or descriptions of persons as the court may by order specify or, if it makes no such order, before any of the following persons, that is to say—

(a)

where the decision is taken by a magistrates’ court, before a justice of the peace F1... or a police officer who either is of the rank of inspector or above or is in charge of a police station or, if F2Criminal Procedure Rules so provide, by a person of such other description as is specified in the rules;

(b)

where the decision is taken by the Crown Court, before any of the persons specified in paragraph (a) above or, if F3Criminal Procedure Rules so provide, by a person of such other description as is specified in the rules;

(c)

where the decision is taken by the High Court or the Court of Appeal, before any of the persons specified in paragraph (a) above or, if F4Civil Procedure Rules or Criminal Procedure Rules so provide, by a person of such other description as is specified in the rules;

(d)

where the decision is taken by the F5Court Martial Appeal Court, before any of the persons specified in paragraph (a) above or, if F6Court Martial Appeal Rules so provide, by a person of such other description as is specified in the rules;

and F7Civil Procedure Rules, Criminal Procedure Rules or F8Court Martial Appeal Rules may also prescribe the manner in which a recognizance which is to be entered into before such a person is to be entered into and the persons by whom and the manner in which the recognizance may be enforced.

(5)

Where a surety seeks to enter into his recognizance before any person in accordance with subsection (4) above but that person declines to take his recognizance because he is not satisfied of the surety’s suitability, the surety may apply to—

(a)

the court which fixed the amount of the recognizance in which the surety was to be bound, or

(b)

a magistrates’ court F9...,

for that court to take his recognizance and that court shall, if satisfied of his suitability, take his recognizance.

(6)

Where this subsection applies, the court, if satisfied of the suitability of the proposed surety, may direct that arrangements be made for the recognizance of the surety to be entered into in Scotland before any constable, within the meaning of the F10Police and Fire Reform (Scotland) Act 2012, having charge at any police office or station in like manner as the recognizance would be entered into in England or Wales.

(7)

Where, in pursuance of subsection (4) or (6) above, a recognizance is entered into otherwise than before the court that fixed the amount of the recognizance, the same consequences shall follow as if it had been entered into before that court.

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

12Amendments, repeals and transitional provisions.

C1(1)

Schedule 2 to this Act (which contains consequential and minor amendments of enactments) shall have effect.

(2)

The enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(3)

The transitional provisions contained in Schedule 4 to this Act shall have effect.

1AF1

(1)

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—

(a)

the defendant has attained the age of 18 F2and,

F3(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

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.

(2)

The paragraphs are—

(a)

paragraph 2 (refusal of bail where defendant may fail to surrender to custody, commit offences on bail or interfere with witnesses),

(b)

paragraph 2A (refusal of bail where defendant appears to have committed indictable or either way offence while on bail), and

(c)

paragraph 6 (refusal of bail where defendant has been arrested under section 7).

2ZAF1

(1)

The defendant need not be granted bail 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 by engaging in conduct that would, or would be likely to, cause—

(a)

physical or mental injury to an associated person; or

(b)

an associated person to fear physical or mental injury.

(2)

In sub-paragraph (1) “associated person” means a person who is associated with the defendant within the meaning of section 62 of the Family Law Act 1996.

2BF1

The defendant need not be granted bail in connection with extradition proceedings if—

(a)

the conduct constituting the offence would, if carried out by the defendant in England and Wales, constitute an indictable offence or an offence triable either way; and

(b)

it appears to the court that the defendant was on bail on the date of the offence.

3

The defendant need not be granted bail if the court is satisfied that the defendant should be kept in custody for his own protection or, if he is a child or young person, for his own welfare.

5

The defendant need not be granted bail where the court is satisfied that it has not been practicable to obtain sufficient information for the purpose of taking the decisions required by this Part of this Schedule for want of time since the institution of the proceedings against him.

6ZAF1

If the defendant is charged with murder, the defendant may not be granted bail unless the court is of the opinion that there is no significant risk of the defendant committing, while on bail, an offence that would, or would be likely to, cause physical or mental injury to any person other than the defendant.

7

Where his case is adjourned for inquiries or a report, the defendant need not be granted bail if it appears to the court that it would be impracticable to complete the inquiries or make the report without keeping the defendant in custody.

9BF1

Where the court is considering exercising the power conferred by section 128A of the Magistrates’ Courts Act 1980 (power to remand in custody for more than 8 clear days), it shall have regard to the total length of time which the accused would spend in custody if it were to exercise the power.

1AF1F2

(1)

The paragraphs of this Part of this Schedule mentioned in sub-paragraph (2) do not apply in relation to bail in, or in connection with, proceedings where—

(a)

the defendant has attained the age of 18 F3and,

F4(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

it appears to the court that there is no real prospect that the defendant will be sentenced to a custodial sentence F5, other than a suspended sentence, in the proceedings.

(2)

The paragraphs are—

(a)

paragraph 2 (refusal of bail for failure to surrender to custody),

(b)

paragraph 3 (refusal of bail where defendant would commit further offences on bail), and

(c)

paragraph 7 (refusal of bail in certain circumstances when arrested under section 7).

2F1

The defendant need not be granted bail if—

(a)

it appears to the court that, having been previously granted bail in criminal proceedings, he has failed to surrender to custody in accordance with his obligations under the grant of bail; and

(b)

the court believes, in view of that failure, that the defendant, if released on bail (whether subject to conditions or not) would fail to surrender to custody.

3F1

The defendant need not be granted bail if—

(a)

it appears to the court that the defendant was on bail in criminal proceedings on the date of the offence; and

(b)

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.

5F1

The defendant need not be granted bail if the court is satisfied that the defendant should be kept in custody for his own protection or, if he is a child or young person, for his own welfare.

6F1

The defendant need not be granted bail if he is in custody in pursuance of a sentence of a court or a sentence imposed by an officer under the Armed Forces Act 2006.

7F1

The defendant need not be granted bail if —

(a)

having been released on bail in or in connection with the proceedings for the offence, he has been arrested in pursuance of section 7 of this Act; and

(b)

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 fail to surrender to custody, commit an offence while on bail or interfere with witnesses or otherwise obstruct the course of justice (whether in relation to himself or any other person).

8F1

The defendant need not be granted bail where the court is satisfied that it has not been practicable to obtain sufficient information for the purpose of taking the decisions required by this Part of this Schedule for want of time since the institution of the proceedings against him.

9F1

Paragraphs 6A to 6C of Part 1 (exception applicable to drug users in certain areas and related provisions) apply to a defendant to whom this Part applies as they apply to a defendant to whom that Part applies.

1

Where the offence or every offence of which the defendant is accused or convicted in the proceedings is one which is not punishable with imprisonment the following provisions of this Part of this Schedule apply.

2

The defendant need not be granted bail if—

F1(za)

the defendant—

(i)

is a child or young person, or

(ii)

has been convicted in the proceedings of an offence;

(a)

it appears to the court that, having been previously granted bail in criminal proceedings, he has failed to surrender to custody in accordance with his obligations under the grant of bail; and

(b)

the court believes, in view of that failure, that the defendant, if released on bail (whether subject to conditions or not) would fail to surrender to custody.

3

The defendant need not be granted bail if the court is satisfied that the defendant should be kept in custody for his own protection or, if he is a child or young person, for his own welfare.

6F1

(1)

The defendant need not be granted bail if—

(a)

having been released on bail in, or in connection with, the proceedings for the offence, the defendant has been arrested in pursuance of section 7, and

(b)

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 by engaging in conduct that would, or would be likely to, cause—

(i)

physical or mental injury to an associated person, or

(ii)

an associated person to fear physical or mental injury.

(2)

In sub-paragraph (1) “associated person” means a person who is associated with the defendant within the meaning of section 62 of the Family Law Act 1996.

1F1

If the court decides not to grant the defendant bail, it is the court’s duty to consider, at each subsequent hearing while the defendant is a person to whom section 4 above applies and remains in custody, whether he ought to be granted bail.

2F1

At the first hearing after that at which the court decided not to grant the defendant bail he may support an application for bail with any argument as to fact or law that he desires (whether or not he has advanced that argument previously).

3F1

At subsequent hearings the court need not hear arguments as to fact or law which it has heard previously.

1

For the purposes of this Schedule the question whether an offence is one which is punishable with imprisonment shall be determined without regard to any enactment prohibiting or restricting the imprisonment of young offenders or first offenders.

3

References in this Schedule to a defendant’s being kept in custody or being in custody include (where the defendant is a child or young person) references to his being kept or being in F1accommodation pursuant to a remand under section 91(3) or (4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands to local authority accommodation or youth detention accommodation).

1

In section 2 of the Habeas Corpus Act 1679 (bail for ersons released from custody under habeas corpus while awaiting trial) for the words from “discharge the said prisoner” to “his ot their appearance in” there shall be substituted the words “grant bail in accordance with the Bail Act 1976 to the said prisoner subject to a duty to appear before” and for the words “and the said recognizance or recognizances” there shall be substituted the words “together with the recognizance of any surety for him”.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

3

In section 10 of the Criminal Law Amendment Act 1867 (production from prison without habeas corpus where recognizances for appearance have been taken) for the words from the beginning to “such court” there shall be substituted the words “Where a person who has been granted bail in criminal proceedings is, while awaiting for trial for the offence before the Crown Court, in prison”.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

7

In section 19 of the Criminal Justice Administration Act 1914 (continuous bail otherwise than in proceedings in magistrates’ courts), for the words “the recognizance may be conditioned” there shall be substituted the words “the court may, where it remands him on bail in criminal proceedings (within the meaning of the Bail Act 1976) direct him to appear or, in any other case, direct that his recognizance be conditioned”.

8

In section 5(5)(c) of the Indictment Act 1915 (bail where seperate trial or postponed trial ordered) for the words “admitting the accused person to bail” there shall be substituted the words “granting the accused person bail”.

9

In section 13(2) of the Children and Young Persons Act 1933 (police bail for person arrested for serious offence against juvenile) for the words from “on his entering” to the end there shall be substituted the words “on bail in accordance with the Bail Act 1976 subject to a duty to appear at the hearing of the charge”.

10

In section 1(2) of the Public Order Act 1936 (right to release on bail in certain circumstances of persons charged with wearing uniforms in public) for the words “dischrged from custody on entering into a recognizance” there shall be substituted the words “realesed on bail”.

11

(1)

Section 37 of the Criminal Justice Act 1948 (powers of High Court to grant bail on appeals against and other proceedings questioning convictions or sentences) shall be amended as follows.

(2)

In subsection (1), in paragraph (b), for the words “release on bail” there shall be substituted the words “grant bail to”.

(3)

In subsection (1), for paragraph (d), there shall be substituted the following.

“(d)

the High Court may grant bail to a person who has been convicted or sentenced by a magistrates’ court and has applied to the High Court for an order of certiorari to remove the proceedings into the High Court or has applied to the High Court for leave to make such an application ;”.

(4)

After subsection (1) there shall be inserted the following subsection—

“(1A)

Where the court grants bail to a person under paragraph (d) of subsection (1) above—

(a)

the time at which he is to appear in the event of the conviction or sentence not being quashed by the High Court shall be such time within ten days after the judgement of the High Court has been given as may be specified by the High Court ; and

(b)

the place at which he is to appear in that event shall be a magistrates’ court acting for the same petty sessions area as the court which convicted or sentenced him.”

(5)

In subsection (6), for the words “admitted to” wherever occurring there shall be substituted the words “released on”.

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

14—29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

31

In section 6(1) of the Administration of Justice Act 1960 (computation of sentence where bail granted in appeals to House of Lords) for the words “admitted to” there shall be susbtituted the words “granted” and for the words “at large after being so admitted” there shall be substituted the words “released on bail”.

34

Section 18 of the Criminal Justice Act 1967 (restrictions on refusal of bail by magistrates’ courts in criminal proceedings) shall be omitted.

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

36

Section 21 of the Criminal Justice Act 1967 (power to impose special conditions of bail) shall be omitted.

37

(1)

Section 22 of the Criminal Justice Act 1967 (extension of power of High Court to grant, or vary conditions of, bail) shall be amended as follows.

(2)

For subsections (1) and (2) there shall be substituted the following—

“(1)

Where an inferior court withholds bail in criminal proceedings or imposes conditions in granting bail in criminal proceedings, the High Court may grant bail or vary the conditions.

(2)

Wher the High Court grants a person bail under this section it may direct him to appear at a time and place which the inferior court may have directed and the recognizance of any surety shall be conditioned accordingly.”

(3)

In subsection (3) for the words “admitted to” wherever occurring there shall be substituted the word “granted”.

(4)

At the end of subsection (4) there shall be added the words “and “bail in criminal proceedings” and “vary”have the same meaning as they have in the Bail Act 1976.”

38

In section 8(2) and (3) of the Criminal Appeal Act 1968 (bail etc on retrial), in paragraph (a), for the words “admission to” there shall be substituted the words “released on”.

40—42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

43

In section 36 of the Criminal Appeal Act 1968 (bail on appeal from Court of Appeal) for the words “admit him to” there shall be substituted the words “grant him”.

44

In section 43(1) of the Criminal Appeal Act 1968 (computation of sentence where bail granted on appeal to House of Lords) for the words “admitted to” there shall be substituted the word “granted” and for the words “at large after being so admitted” there shall be substituted the words “released on bail”.

45

In Schedule 2 to the Criminal Appeal Act 1968 (provisions about retrial) in paragraph 2(3)(b) for the words “at large after being admitted to bail” there shall be substituted the words “released on bail”.

46

In section 45(2) of the Courts-Martial (Appeals) Act 1968 (computation of sentence where bail granted on appeal to House of Lords) for the words “admitted to” there shall be substituted the word “granted” and for the words “at large after being so admitted” there shall be substituted the words “released on bail”.

47

In section 29 of the Children and Young Perons Act 1969 (release or further detention of arrested child or young person), for subsection (2), there shall be substituted the following—

“(2)

Where a parent or guardian enters into a recognizance to secure that the child or young person appears at the hearing of the charge, the recognizance may, if the said officer thinks fit, be conditioned for the attendance of the parent or guardian at the hearing in addition to the person arrested.”and subsection (6) shall be omitted.

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

1

(1)

Without prejudice to section 38(2) of the M1Interpretation Act 1889 (effect of repeals), nothing in the amendments or repeals effected by section 12 of and Schedules 2 and 3 to this Act shall affect the application of the enactments amended or repealed thereby in relation to recognizances entered into or security given by persons granted bail before the appointed day and the recognizances of any sureties for them.

(2)

Nothing in those amendments or repeals shall, in particular, affect the doing of any of the following things after the appointed day, that is to say—

(a)

the enforcement of the recognizance of such a person in the event of a breach of recognizance after the appointed day;

(b)

the exercise of any power to issue and the execution of a warrant for the arrest of such a person for breach of his recognizance after the appointed day;

(c)

the exercise of any power to enlarge the recognizance of such a person and of any surety for him to a later time in the absence of that person and his surety (if any);

(d)

the exercise of any power to vary any conditions on which a person was granted bail before the appointed day or to reduce the amount in which he or any surety is to be bound or to discharge or dispense with any of the sureties;

and no application shall be made under section 3(8) of this Act for the variation of conditions of bail so granted or for the imposition of conditions in respect of bail so granted.

2

Where, before the appointed day, a court has—

(a)

given a direction that the recognizance of a person to whom it has granted bail may be entered into before another court or any person, or

(b)

endorsed a warrant for the arrest of a person with a direction that he be released on his entering into such a recognizance as is specified in the endorsement,

the recognizance may be entered into and taken after the appointed day in accordance with the direction and paragraph 1 above shall apply to such a recognizance as it applies to a recognizance entered into before the appointed day.

3

Where a person has been granted bail before the appointed day and his recognizance (and that of any surety for him) is conditioned for his appearance before a court from time to time, then, on his first appearance before a court after the appointed day—

(a)

the recognizance of that person shall be discharged; and

(b)

the recognizance of any surety for him shall, as directed by the court, either be discharged or continue in force.

4

In this Schedule “the appointed day” means the day appointed under section 13(2) of this Act for it to come into force.