Page:Bail Act 1976.pdf/7

6c. 63 the person arrested shall make the record required by subsection (1) above instead of the judge or justice who issued the warrant.

(3) Where a magistrates court or the Crown Court—
 * (a) withholds bail in criminal proceedings, or
 * (b) imposes conditions in granting bail in criminal proceedings, or
 * (c) varies any conditions of bail or imposes conditions in respect of bail in criminal proceedings,

and does so in relation to a person to whom section 4 of this Act applies, then the court shall, with a view to enabling him to consider making an application in the matter to another court, give reasons for withholding bail or for imposing or varying the conditions.

(4) A court which is by virtue of subsection (3) above required to give reasons for its decision shall include a note of those reasons in the record of its decision and shall (except in a case where, by virtue of subsection (5) below, this need not be done) give a copy of that note to the person in relation to whom the decision was taken.

(5) The Crown Court need not give a copy of the note of the reasons for its decision to the person in relation to whom the decision was taken where that person is represented by counsel or a solicitor unless his counsel or solicitor requests the court to do so.

(6) Where a magistrates’ court withholds bail in criminal proceedings from a person who is not represented by counsel or a solicitor, the court shall—
 * (a) if it is committing him for trial to the Crown Court, inform him that he may apply to the High Court or to the Crown Court to be granted bail;
 * (b) in any other case, inform him that he may apply to the High Court for that purpose.

(7) Where a person has given security in pursuance of section 3(5) above and a court is satisfied that he failed to surrender to custody then, unless it appears that he had reasonable cause for his failure, the court may order the forfeiture of the security.

(8) If a court orders the forfeiture of a security under subsection (7) above, the court may declare that the forfeiture extends to such amount less than the full value of the security as it thinks fit to order.

(9) A security which has been ordered to be forfeited by a court under subsection (7) above shall, to the extent of the forfeiture—
 * (a) if it consists of money, be accounted for and paid in the same manner as a fine imposed by that court would be;