Bail Act 1976

The foundational statute establishing the general right to bail for defendants in criminal proceedings in England and Wales and setting out the grounds on which bail may be refused. It applies to bail decisions made by both police and courts, and creates the offence of absconding while on bail. It has been significantly amended by the Bail Amendment Act 1993, the Criminal Justice Act 2003, and the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Key Provisions

• Section 4: general right to bail for persons accused of offences
• Schedule 1 Part I: grounds for refusing bail (imprisonable offences)
• Schedule 1 Part II: grounds for refusing bail (non-imprisonable offences)
• Grounds for refusal: risk of failure to surrender, risk of further offending, risk of interference with witnesses or obstruction of justice
• Section 3: conditions of bail
• Section 6: offence of absconding while on bail
• Section 7: arrest of defendant who has broken bail conditions

Relevance to Policing

Central to understanding how bail decisions are made by police and courts, the presumption in favour of bail, the exceptions to that presumption, and bail conditions.