(1)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.
(2)No recognizance for his surrender to custody shall be taken from him.
(3)Except as provided by this section—
(a)no security for his surrender to custody shall be taken from him,
(b)he shall not be required to provide a surety or sureties for his surrender to custody, and
(c)no other requirement shall be imposed on him as a condition of bail.
(4)He may be required, before release on bail, to provide a surety or sureties to secure his surrender to custody.
(5)If it appears that he is unlikely to remain in Great Britain until the time appointed for him to surrender to custody, 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.
(6)He may be required (but only by a court) to comply, before release on bail or later, with such requirements as appear to the court to be necessary to secure that—
(a)he surrenders to custody,
(b)he does not commit an offence while on bail,
(c)he does not interfere with witnesses or otherwise obstruct the course of justice whether in relation to himself or any other person,
(d)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.
[F1(6ZA)Where 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.]
[F2(6A)In 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)a requirement that the accused shall undergo examination by two medical practitioners for the purpose of enabling such reports to be prepared; and
(b)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.
(6B)Of the medical practitioners referred to in subsection (6A) above at least one shall be a practitioner approved for the purposes of [F3section 12 of the Mental Health Act 1983].]
(7)If a parent or guardian of a child or young person consents to be surety for the child or young person for the purposes of this subsection, the parent or guardian may be required to secure that the child or young person complies with any requirement imposed on him by virtue of [F4subsection (6) or (6A) above], but—
(a)no requirement shall be imposed on the parent or the guardian of a young person by virtue of this subsection where it appears that the young person will attain the age of seventeen before the time to be appointed for him to surrender to custody; and
(b)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.
(8)Where a court has granted bail in criminal proceedings [F5that court or, where that court has committed a person on bail to the Crown Court for trial or to be sentenced or otherwise dealt with, that court or the Crown Court may] on application—
(a)by or on behalf of the person to whom [F5bail was] granted, or
(b)by the prosecutor or a constable,
vary the conditions of bail or impose conditions in respect of bail which [F5has been] granted unconditionally.
[F6(8A)Where a notice of transfer is given under section 4 of the Criminal Justice Act 1987, subsection (8) above shall have effect in relation to a person in relation to whose case the notice is given as if he had been committed on bail to the Crown Court for trial.]
(9)This section is subject to [F7subsection (2) of section 30 of the Magistrates’ Courts Act 1980] (conditions of bail on remand for medical examination).
Textual Amendments
F3Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 46
F4Words substituted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), s. 34(3)
F5Words substituted by Criminal Law Act 1977 (c. 45), Sch. 12
F7Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 144
Valid from 01/03/2002
(1)A court shall not impose on a child or young person a requirement under section 3(6ZAA) above (an “electronic monitoring requirement”) unless each of the following conditions is satisfied.
(2)The first condition is that the child or young person has attained the age of twelve years.
(3)The second condition is that—
(a)the child or young person is charged with or has been convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or
(b)he is charged with or has been convicted of one or more imprisonable offences which, together with any other imprisonable offences of which he has been convicted in any proceedings—
(i)amount, or
(ii)would, if he were convicted of the offences with which he is charged, amount,
to a recent history of repeatedly committing imprisonable offences while remanded on bail or to local authority accommodation.
(4)The third condition is that the court—
(a)has been notified by the Secretary of State that electronic monitoring arrangements are available in each petty sessions area which is a relevant area; and
(b)is satisfied that the necessary provision can be made under those arrangements.
(5)The fourth condition is that a youth offending team has informed the court that in its opinion the imposition of such a requirement will be suitable in the case of the child or young person.
(6)Where a court imposes an electronic monitoring requirement, the requirement shall include provision for making a person responsible for the monitoring; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.
(7)The Secretary of State may make rules for regulating—
(a)the electronic monitoring of compliance with requirements imposed on a child or young person as a condition of bail; and
(b)without prejudice to the generality of paragraph (a) above, the functions of persons made responsible for securing the electronic monitoring of compliance with such requirements.
(8)Rules under this section may make different provision for different cases.
(9)Any power of the Secretary of State to make an order or rules under this section shall be exercisable by statutory instrument.
(10)A statutory instrument containing rules made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(11)In this section “local authority accommodation” has the same meaning as in the Children and Young Persons Act 1969 (c. 54).
(12)For the purposes of this section a petty sessions area is a relevant area in relation to a proposed electronic monitoring requirement if the court considers that it will not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area.]
Textual Amendments
F8S. 3AA inserted (1.3.2002) by 2001 c. 16, s. 131(2); S.I. 2002/344, art. 2 (with transitional provisions in art. 4)
Valid from 10/04/1995
(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 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 paragraph (d).
(3)Subsections (6ZA), (6A) and (6B) 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 for the purpose of preventing that person from—
(a)failing to surrender to custody, or
(b)committing an offence while on bail, or
(c)interfering with witnesses or otherwise obstructing the course of justice, whether in relation to himself or any other person.
(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.]
Textual Amendments
F9S. 3A inserted (10.4.1995) by 1994 c. 33, s. 27(3); S.I. 1995/721, art. 2,Sch.
Marginal Citations