Bail Act 1976

Rezumat

Establishes a general right to bail for accused persons and sets out the grounds on which bail may be refused. Creates the offence of absconding (failing to surrender to custody). The Act creates a presumption in favour of bail, which can be rebutted by showing substantial grounds for believing the defendant would abscond, commit further offences, or interfere with witnesses.

Puncte cheie

• General right to bail — a person accused of an offence shall be granted bail unless exceptions apply (s.4)
• Exceptions to right to bail — substantial grounds for believing the defendant would fail to surrender, commit offences on bail, or interfere with witnesses (Sch 1, Part I)
• Conditions of bail — the court may impose conditions such as residence, reporting, curfew, surety, or electronic monitoring (s.3)
• Offence of absconding — failing without reasonable cause to surrender to custody (s.6)
• No bail for murder — defendants charged with murder may only be granted bail by a Crown Court judge in exceptional circumstances (s.4, as amended by Criminal Justice Act 2003)
• Bail in homicide and rape cases — no bail if previously convicted of such offences unless exceptional circumstances (s.25, as amended)

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