SCHEDULES

SCHEDULE 11Amendment of enactments relating to bail

Bail Act 1976 (c. 63)

8

1

Section 7 (liability to arrest for absconding or breaking conditions of bail) is amended as follows.

2

In subsection (5) for “subsection (6)” substitute “ subsections (5A) and (6) ”.

3

After subsection (5) insert—

5A

A justice of the peace may not remand a person in, or commit a person to, custody under subsection (5) if—

a

the person has attained the age of eighteen,

b

the person was released on bail in non-extradition proceedings,

c

the person has not been convicted of an offence in those proceedings, and

d

it appears to the justice of the peace that there is no real prospect that the person will be sentenced to a custodial sentence in the proceedings.

4

In subsection (6) for “the person so brought before the justice” substitute “ a person brought before a justice under subsection (4) or (4B) ”.