An Act to make provision in relation to bail in or in
connection with criminal proceedings in England and
Wales, to make it an offence to agree to indemnify
sureties in criminal proceedings, to make provision for
legal aid limited to questions of bail in certain cases
and for legal aid for persons kept in custody for
inquiries or reports, to extend the powers of coroners
to grant bail and for connected purposes.
[15 November 1976].
by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows:-
EBIT ENACTED
13
Preliminary
Meaning of1.-(1) In this Act " bail in criminal proceedings " means-
bail in
(a) bail grantable in or in connection with proceedings for criminal
an offence to a person who is accused or convicted of proceedings ",
the offence, or
(b) bail grantable in connection with an offence to a person
who is under arrest for the offence or for whose arrest
for the offence a warrant (endorsed for bail) is being
issued.
In this Act " bail " means bail grantable under the law
(including common law) for the time being in force.
(3) Except as provided by section 13(3) of this Act, this section
does not apply to bail in or in connection with proceedings out-
side England and Wales.
(2)
A2
2
c. 63
Bail Act 1976
not apply to bail granted before the
coming into force of this Act.
(4) This section does
(5)
This section applies-
(a) whether the offence was committed in England or Wales
or elsewhere, and
(b) whether it is an offence under the law of England and
Wales, or of any other country or territory.
Bail in criminal proceedings shall be granted (and in
particular shall be granted unconditionally or conditionally) in
accordance with this Act.
(6)
Other
definitions.
" conviction " includes-
(a) a
2.-(1) In this Act,
unless the context otherwise requires,
1952 c. 55.
finding of guilt,
(b) a finding that a person is not guilty by reason of insanity,
(c) a finding under section 26(1) of the Magistrates' Courts
Act 1952 (remand for medical examination) that the
person in question did the act or made the omission
charged, and
1926 c. 59.
1968 c. 20.
1971 c. 23.
1949 c. 101.
1870 c. 52.
1967 c. 68.
1965 c 45.
a conviction of an offence for which an order is made
placing the offender on probation or discharging him
absolutely or conditionally,
and " convicted " shall be construed accordingly.
(2) In this Act, unless the context otherwise requires-
" child " means a person under the age of fourteen,
" coroners' rules " means rules made under any provision
of the Coroners (Amendment) Act 1926,
court " includes a judge of a court, a justice of the peace
or a coroner and, in the case of a specified court,
includes a judge or (as the case may be) justice having