Section 3 General provisions.
England and Wales
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.
No recognizance for his surrender to custody shall be taken from him.
Except as provided by this section—
no security for his surrender to custody shall be taken from him,
he shall not be required to provide a surety or sureties for his surrender to custody, and
no other requirement shall be imposed on him as a condition of bail.
He may be required, before release on bail, to provide a surety or sureties to secure his surrender to custody.
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.
He may be required F2... to comply, before release on bail or later, with such requirements as appear to the court to be necessary F3...—
F4to secure that he surrenders to custody,
to secure that he does not commit an offence while on bail,
to secure that he does not interfere with witnesses or otherwise obstruct the course of justice whether in relation to himself or any other person,
F5for his own protection or, if he is a child or young person, for his own welfare or in his own interests,
to secure that 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.
F6to secure that before the time appointed for him to surrender to custody, he attends an interview with F7a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act);
F8and, in any Act, “the normal powers to impose conditions of bail” means the powers to impose conditions under paragraph (a), (b) F9, (c) or (ca) above
F10The requirements which may be imposed under subsection (6) include electronic monitoring requirements.
The imposition of electronic monitoring requirements is subject to section 3AA (in the case of a child or young F11person granted bail in criminal proceedings of the kind mentioned in section 1(1)(a) or (b)), section 3AAA (in the case of a child or young person granted bail in connection with extradition proceedings) F12, section 3AAB (in the case of certain adults granted bail where there is a real prospect of a suspended sentence), section 3AB (in the case of other persons) and section 3AC (in all cases).
In this section and sections 3AA to 3AC “electronic monitoring requirements” means requirements imposed for the purpose of securing the electronic monitoring of a person's compliance with any other requirement imposed on him as a condition of bail.
F13Where 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.
F14In 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 requirement that the accused shall undergo examination by two medical practitioners for the purpose of enabling such reports to be prepared; and
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.
Of the medical practitioners referred to in subsection (6A) above at least one shall be a practitioner approved for the purposes of F15section 12 of the Mental Health Act 1983.
F16Subsection (6D) below applies where—
the court has been notified by the Secretary of State that arrangements for conducting a relevant assessment or, as the case may be, providing relevant follow-up have been made for the F17local justice area in which it appears to the court that the person referred to in subsection (6D) would reside if granted bail; and
the notice has not been withdrawn.
In the case of a person (“P”)—
in relation to whom paragraphs (a) to (c) of paragraph 6B(1) of Part 1 of Schedule 1 to this Act apply F18 (including where P is a person to whom the provisions of Part 1A of Schedule 1 apply);
who, after analysis of the sample referred to in paragraph (b) of that paragraph, has been offered a relevant assessment or, if a relevant assessment has been carried out, has had relevant follow-up proposed to him; and
who has agreed to undergo the relevant assessment or, as the case may be, to participate in the relevant follow-up,
the court, if it grants bail, shall impose as a condition of bail that P both undergo the relevant assessment and participate in any relevant follow-up proposed to him or, if a relevant assessment has been carried out, that P participate in the relevant follow-up.
In subsections (6C) and (6D) above—
“relevant assessment” means an assessment conducted by a suitably qualified person of whether P is dependent upon or has a propensity to misuse any specified Class A drugs;
“relevant follow-up” means, in a case where the person who conducted the relevant assessment believes P to have such a dependency or propensity, such further assessment, and such assistance or treatment (or both) in connection with the dependency or propensity, as the person who conducted the relevant assessment (or conducts any later assessment) considers to be appropriate in P’s case,
and in paragraph (a) above “Class A drug” and “misuse” have the same meaning as in the Misuse of Drugs Act 1971, and “specified” (in relation to a Class A drug) has the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000.
In subsection (6E)(a) above, “suitably qualified person” means a person who has such qualifications or experience as are from time to time specified by the Secretary of State for the purposes of this subsection.
If a parent or guardian of F19a person under the age of seventeen consents to be surety for F20the person for the purposes of this subsection, the parent or guardian may be required to secure that the person complies with any requirement imposed on him by virtue of F21subsection (6) F22, (6ZAA) or (6A) above, but—
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.
Where a court has granted bail in criminal proceedings F25that court or, where that court has F26sent a person on bail to the Crown Court for trial or F27committed him on bail to the Crown Court to be sentenced or otherwise dealt with, that court or the Crown Court may on application—
by or on behalf of the person to whom bail was granted, or
by the prosecutor or a constable,
vary the conditions of bail or impose conditions in respect of bail which has been granted unconditionally.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section is subject to F30subsection (3) of section 11 of the Powers of Criminal Courts (Sentencing) Act 2000 (conditions of bail on remand for medical examination).
F31This section is subject, in its application to bail granted by a constable, to section 3A of this Act.
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Annotations
Textual amendments
- F1
Words 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)
- F2
Words 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
- F3
Words in s. 3(6) repealed (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 13(1)(a), 336(3)(4), Sch. 37 Pt. 2 (with s. 141); S.I. 2004/829, art. 2(1)(2)(b)(l)(ii)
- F4
Words in s. 3(6)(a)-(e) inserted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 13(1)(b), 336(3)(4) (with s. 141); S.I. 2004/829, art. 2(1)(2)(b)
- F5
S. 3(6)(ca) inserted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 13(1)(c), 336(3)(4) (with s. 141); S.I. 2004/829, art. 2(1)(2)(b)
- F6
S. 3(6)(e) inserted (30.9.1998) by 1998 c. 37, s. 54(2); S.I. 1998/2327, art. 2(1)(n)
- F7
Words in s. 3(6)(e) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 21 para. 34 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)
- F8
Words 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.
- F9
Words in s. 3(6) substituted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 13(1)(d), 336(3)(4) (with s. 141); S.I. 2004/829, art. 2(1)(2)(b)
- F10
S. 3(6ZAA)(6ZAB) substituted for s. 3(6ZAA) (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 11 para. 2; S.I. 2008/2712, art. 2, Sch. para. 15
- F11
Words in s. 3(6ZAA) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 3(2); S.I. 2012/2906, art. 2(i)
- F12
Words in s. 3(6ZAA) inserted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 44(3), 49(1); S.I. 2026/86, reg. 2
- F13
S. 3(6ZA) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 131(1), Sch. 8 para. 16
- F14
S. 3(6A)(6B) inserted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), s. 34(2)
- F15
Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 46
- F16
S. 3(6C)-(6F) inserted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 19(2), 336(3)(4) (with s. 141); S.I. 2004/829, art. 2(1)(2)(b)
- F17
Words in s. 3(6C)(a) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 40
- F18
Words in s. 3(6D)(a) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 12 para. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 27
- F19
Words in s. 3(7) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 3(3)(a); S.I. 2012/2906, art. 2(i)
- F20
Words in s. 3(7) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 3(3)(b); S.I. 2012/2906, art. 2(i)
- F21
Words substituted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), s. 34(3)
- F22
Words 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)
- F23
Words in s. 3(7)(a) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 3(3)(c)(i); S.I. 2012/2906, art. 2(i)
- F24
Word in s. 3(7)(a) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 3(3)(c)(ii); S.I. 2012/2906, art. 2(i)
- F25
Words substituted by Criminal Law Act 1977 (c. 45), Sch. 12
- F26
Word in s. 3(8) substituted (9.5.2005 for specified purposes, 18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 48(2)(a)(i); S.I. 2005/1267, art. 2(1)(2)(b), Sch. Pt. 2; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)
- F27
Words in s. 3(8) inserted (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 48(2)(a)(ii); S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)
- F28
S. 3(8A) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 48(2)(b), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 3, 4)
- F29
S. 3(8B) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 48(2)(b), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 3, 4)
- F30
Words in s. 3(9) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 51
- F31
S. 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.
- F32
S. 3(10) (which was inserted by 1994 c. 33, Sch. 9 para. 12(b)) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 48(2)(b), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 3, 4)
Modifications
- C1
S. 3(6D) modified (1.12.2005 for specified purposes, 1.4.2007 in so far as not already in force) by Drugs Act 2005 (c. 17), ss. 17(2), 24(3) (with s. 17(4)); S.I. 2005/3053, art. 2(2)(d), S.I. 2007/562, art. 2(2)(d)