Page:Bail Act 1976.pdf/6

Rh :(b) he applies to a court for bail in connection with the proceedings.

This subsection does not apply as respects proceedings on or after a person’s conviction of the offence or proceedings against a fugitive offender for the offence.

(3) This section also applies to a person who, having been convicted of an offence, appears or is brought before a magistrates’ court to be dealt with under section 6 or section 16 of the Powers of Criminal Courts Act 1973 (breach of requirement of probation or community service order).

(4) This section also applies to a person who has been convicted of an offence and whose case is adjourned by the court for the purpose of enabling inquiries or a report to be made to assist the court in dealing with him for the offence.

(5) Schedule 1 to this Act also has effect as respects conditions of bail for a person to whom this section applies.

(6) In Schedule 1 to this Act “the defendant” means a person to whom this section applies and any reference to a defendant whose case is adjourned for inquiries or a report is a reference to a person to whom this section applies by virtue of subsection (4) above.

(7) This section is subject to section 8 of the Magistrates’ Courts Act 1952 (restriction of bail by magistrates' court in cases of treason). Supplementary

5.—(1) Subject to subsection (2) below, where—
 * (a) a court or constable grants bail in criminal proceedings, or
 * (b) a court withholds bail in criminal proceedings from a person to whom section 4 of this Act applies, or
 * (c) a court, officer of a court or constable appoints a time or place or a court or officer of a court appoints a different time or place for a person granted bail in criminal proceedings to surrender to custody, or
 * (d) a court varies any conditions of bail or imposes conditions in respect of bail in criminal proceedings,

that court, officer or constable shall make a record of the decision in the prescribed manner and containing the prescribed particulars and, if requested to do so by the person in relation to whom the decision was taken, shall cause him to be given a copy of the record of the decision as soon as practicable after the record is made.

(2) Where bail in criminal proceedings is granted by endorsing a warrant of arrest for bail the constable who releases on bail A4