Explanatory note

This Order brings into force in England and Wales on 1st January 2007, subject to the transitional provision in article 3, sections 14 and 15(1) and (2) of the Criminal Justice Act 2003 in relation to certain offences specified in article 2(a). The specified offences are those to which paragraphs 2A(2)(b), 6(2)(b), 9AA(1)(b) and 9AB(1)(b) of Part 1 of Schedule 1 to the Bail Act 1976 apply in relation to which the defendant is liable on conviction to a sentence of imprisonment for life, detention during Her Majesty’s pleasure or custody for life. The effect of the Order is that the new criteria in paragraphs 2A(1) and 9AA(2) of Part 1 of Schedule 1 to the 1976 Act, as substituted by section 14(1) of the 2003 Act, will apply as to when bail may be granted to a defendant who has, on or after 1st January 2007, committed a specified offence, and who appears to the Court to have been on bail in criminal proceedings on the date of the offence. The Order also has the effect that the new criteria in paragraphs 6(1) and 9AB(3) of Part 1 of Schedule 1 to the 1976 Act, as substituted by section 15(1) and (2) of the 2003 Act, will apply as to when bail may be granted to a person who, having been released on bail in or in connection with criminal proceedings for a specified offence, appears to the Court to have failed to surrender to custody in those proceedings on or after 1st January 2007. Article 2(b) also brings into force a consequential amendment to the 1976 Act.