Section 3A Conditions of bail in case of police bail.F1

England and Wales

(1)

Section 3 of this Act applies, in relation to bail granted by a custody officer under Part IV of the M1Police and Criminal Evidence Act 1984 F2 or Part 3 of the Criminal Justice Act 2003 in cases where the normal powers to impose conditions of bail are available to him, subject to the following modifications.

(2)

Subsection (6) does not authorise the imposition of a requirement to reside in a bail hostel or any requirement under F3paragraph (d) or (e).

(3)

Subsections F4(6ZAA),(6ZA) F5and (6A) to (6F) shall be omitted.

(4)

For subsection (8), substitute the following—

”(8)

Where a custody officer has granted bail in criminal proceedings he or another custody officer serving at the same police station may, at the request of the person to whom it was granted, vary the conditions of bail; and in doing so he may impose conditions or more onerous conditions.”.

(5)

Where a constable grants bail to a person no conditions shall be imposed under subsections (4), (5), (6) or (7) of section 3 of this Act unless it appears to the constable that it is necessary to do so F6...—

(a)

F7for the purpose of preventing that person from failing to surrender to custody, or

(b)

for the purpose of preventing that person from committing an offence while on bail, or

(c)

for the purpose of preventing that person from interfering with witnesses or otherwise obstructing the course of justice, whether in relation to himself or any other person. F8or

(d)

for that person’s own protection or, if he is a child or young person, for his own welfare or in his own interests.

(6)

Subsection (5) above also applies on any request to a custody officer under subsection (8) of section 3 of this Act to vary the conditions of bail.

F9(7)

For further provision about the grant of bail by a custody officer under Part 4 of the Police and Criminal Evidence Act 1984 or the variation by a custody officer of the conditions of bail granted under that Part, see section 47ZZA of that Act.

Annotations

Textual amendments

F1: S. 3A inserted (10.4.1995) by 1994 c. 33, s. 27(3); S.I. 1995/721, art. 2, Sch.
F2: Words in s. 3A(1) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 14 para. 5(a); S.I. 2007/709, art. 3(p) (with art. 6)
F3: Words in s. 3A(2) substituted (30.9.1998) by 1998 c. 37, s. 54(3); S.I. 1998/2327, art. 2(1)(n)
F4: Words in s. 3A(3) inserted (1.3.2002) by 2001 c. 16, s. 131(4); S.I. 2002/344, art. 2 (with transitional provisions in art. 4)
F5: Words in s. 3A(3) substituted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 19(3), 336(3)(4) (with s. 141); S.I. 2004/829, art. 2(1)(2)(b)
F6: Words in s. 3A(5) repealed (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 13(2)(a), 336(3)(4), Sch. 37 Pt. 2 (with s. 141); S.I. 2004/829, art. 2(1)(2)(b)(l)(ii)
F7: Words in s. 3A(5)(a)-(c) inserted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 13(2)(b), 336(3)(4) (with s. 141); S.I. 2004/829, art. 2(1)(2)(b)
F8: S. 3A(5)(d) and word inserted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 13(2)(c), 336(3)(4) (with s. 141); S.I. 2004/829, art. 2(1)(2)(b)
F9: S. 3A(7) inserted (28.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 4 para. 19 (with s. 45(3)); S.I. 2022/1075, reg. 4(b)

Marginal citations

M1: 1984 c. 60.