Page:Bail Act 1976.pdf/8

Rh :(b) if it does not consist of money, be enforced by such magistrates’ court as may be specified in the order.

(10) In this section “prescribed” means, in relation to the decision of a court or an officer of a court, prescribed by Supreme Court rules, Courts-Martial Appeal rules, Crown Court rules or magistrates’ courts rules, as the case requires or, in relation to a decision of a constable, prescribed by direction of the Secretary of State.

6.—(1) If a person who has been released on bail in criminal proceedings fails without reasonable cause to surrender to custody he shall be guilty of an offence.

(2) If a person who—
 * (a) has been released on bail in criminal proceedings, and
 * (b) having reasonable cause therefor, has failed to surrender to custody,

fails to surrender to custody at the appointed place as soon after the appointed time as is reasonably practicable he shall be guilty of an offence.

(3) It shall be for the accused to prove that he had reasonable cause for his failure to surrender to custody.

(4) A failure to give to a person granted bail in criminal proceedings a copy of the record of the decision shall not constitute a reasonable cause for that person's failure to surrender to custody.

(5) An offence under subsection (1) or (2) above shall be punishable either on summary conviction or as if it were a criminal contempt of court.

(6) Where a magistrates’ court convicts a person of an offence under subsection (1) or (2) above the court may, if it thinks—
 * (a) that the circumstances of the offence are such that greater punishment should be inflicted for that offence than the court has power to inflict, or
 * (b) in a case where it commits that person for trial to the Crown Court for another offence, that it would be appropriate for him to be dealt with for the offence under subsection (1) or (2) above by the court before which he is tried for the other offence,

commit him in custody or on bail to the Crown Court for sentence.

(7) A person who is convicted summarily of an offence under subsection (1) or (2) above and is not committed to the Crown