Page:Bail Act 1976.pdf/17

16c. 63

Restriction of conditions of bail 8.—(1) Subject to sub-paragraph (3) below, where the defendant is granted bail, no conditions shall be imposed under subsections (4) to (7) of section 3 of this Act unless it appears to the court that it is necessary to do so for the purpose of preventing the occurrence of any of the events mentioned in paragraph 2 of this Part of this Schedule or, in the case of a condition under subsection (6)(d) of that section, that it is necessary to impose it to enable inquiries or a report to be made into the defendant’s physical or mental condition.

(2) Sub-paragraph (1) above also applies on any application to the court to vary the conditions of bail or to impose conditions in respect of bail which has been granted unconditionally.

(3) The restriction imposed by sub-paragraph (1) above shall not operate to override the direction in section 26(3) of the Magistrates’ Courts Act 1952 to a magistrates' court to impose conditions of bail under section 3(6)(d) of this Act of the description specified in the said section 26(3) in the circumstances so specified. Decisions under paragraph 2 9. In taking the decisions required by paragraph 2 of this Part of this Schedule, the court shall have regard to such of the following considerations as appear to it to be relevant, that is to say—
 * (a) the nature and seriousness of the offence or default (and the probable method of dealing with the defendant for it),
 * (b) the character, antecedents, associations and community ties of the defendant,
 * (c) the defendant's record as respects the fulfilment of his obligations under previous grants of bail in criminal proceedings,
 * (d) except in the case of a defendant whose case is adjourned for inquiries or a report, the strength of the evidence of his having committed the offence or having defaulted, as well as to any others which appear to be relevant.

Defendants to whom Part II applies 1. Where the offence or every offence of which the defendant is accused or convicted in the proceedings is one which is not punishable with imprisonment the following provisions of this Part of this Schedule apply.