Page:Bail Act 1976.pdf/18

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Exceptions to right to bail 2. The defendant need not be granted bail if—
 * (a) it appears to the court that, having been previously granted bail in criminal proceedings, he has failed to surrender to custody in accordance with his obligations under the grant of bail; and
 * (b) the court believes, in view of that failure, that the defendant, if released on bail (whether subject to conditions or not) would fail to surrender to custody.

3. The defendant need not be granted bail if the court is satisfied that the defendant should be kept in custody for his own protection or, if he is a child or young person, for his own welfare.

4. The defendant need not be granted bail if he is in custody in pursuance of the sentence of a court or of any authority acting under any of the Services Acts.

5. The defendant need not be granted bail if, having been released on bail in or in connection with the proceedings for the offence, he has been arrested in pursuance of section 7 of this Act.

1. For the purposes of this Schedule the question whether an offence is one which is punishable with imprisonment shall be determined without regard to any enactment prohibiting or restricting the imprisonment of young offenders or first offenders.

2. References in this Schedule to previous grants of bail in criminal proceedings include references to bail granted before the coming into force of this Act.

3. References in this Schedule to a defendant’s being kept in custody or being in custody include (where the defendant is a child or young person) references to his being kept or being in the care of a local authority in pursuance of a warrant of commitment under section 23(1) of the Children and Young Persons Act 1969.

4. In this Schedule—
 * “court”, in the expression “sentence of a court”, includes a service court as defined in section 12(1) of the Visiting Forces Act 1952 and “sentence”, that expression, shall be construed in accordance with that definition;
 * “default”, in relation to the defendant, means the default for which he is to be dealt with under section 6 or section 16 of the Powers of Criminal Courts Act 1973;
 * “the Services Acts” means the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957.