Bail Act 1997

Refusal of bail.

2

2. (1) Where an application for bail is made by a person charged with a serious offence, a court may refuse the application if the court is satisfied that such refusal is reasonably considered necessary to prevent the commission of a serious offence by that person.

F3 [ (2) In exercising its jurisdiction under subsection (1) , a court shall take into account and may, where necessary, receive evidence or submissions concerning

(a) the nature and degree of seriousness of the offence with which the accused person is charged and the sentence likely to be imposed on conviction,

(b) the nature and degree of seriousness of the offence apprehended and the sentence likely to be imposed on conviction,

(c) the nature and strength of the evidence in support of the charge,

(d) any conviction of the accused person for an offence committed while he or she was on bail,

(e) any previous convictions of the accused person including any conviction the subject of an appeal (which has neither been determined nor withdrawn) to a court,

(f) any other offence in respect of which the accused person is charged and is awaiting trial,

and, where it has taken into account one or more of the foregoing, it may also take into account

(i) the fact that the accused person is addicted to a controlled drug within the meaning of the Misuse of Drugs Act 1977 ,

(ii) the extent to which the number and frequency of any previous convictions of the accused person for serious offences indicate persistent serious offending by the accused person, and

(iii) the nature and likelihood of any danger to the life or personal safety of any person or danger to the community that may be presented by the release on bail of a person charged with an offence punishable by imprisonment for a term of 10 years or by a more severe penalty. ]

F4 [ (2A) In addition to taking into account the matters referred to in subsection (2) in exercising its jurisdiction under subsection (1) , where

(a) an application for bail is made by a person charged with a serious offence which is a relevant offence, where the relevant offence is alleged to have been committed in a dwelling, and

(b) the circumstances specified in subsection (2B) exist in respect of the person making that application,

a court, in exercising that jurisdiction, shall consider the existence of those circumstances as evidence that the person is likely to commit a relevant offence in a dwelling.

(2B) The circumstances referred to in subsection (2A)(b) are that the person

(a) is charged with a relevant offence alleged to have been committed

(i) in a dwelling,

(ii) on or after the coming into operation of section 1 of the Criminal Justice (Burglary of Dwellings) Act 2015, and

(iii) after he or she attained the age of 18 years,

in respect of which the application for bail is being made,

(b) has a conviction for a relevant offence where the relevant offence was committed in a dwelling in the period of 5 years immediately prior to the application for bail irrespective of whether or not the person committed that relevant offence before or after he or she had attained the age of 18 years, and

(c) at the time of the application for bail in respect of the relevant offence referred to in paragraph (a)

(i) has convictions for not less than 2 relevant offences (other than a conviction for a relevant offence referred to in paragraph (b) ) committed

(I) in a dwelling,

(II) within a period commencing 6 months before and ending 6 months after the alleged commission of the relevant offence referred to in paragraph (a) , and

(III) after he or she attained the age of 18 years,

(ii) is charged with, and is awaiting trial for, not less than 2 relevant offences (other than the relevant offence referred to in paragraph (a)) alleged to have been committed

(I) in a dwelling,

(II) within a period commencing 6 months before and ending 6 months after the alleged commission of the relevant offence referred to in paragraph (a) , and

(III) after he or she attained the age of 18 years,

or

(iii) has a conviction for a relevant offence (other than a conviction for a relevant offence referred to in paragraph (b) ) and is charged with, and is awaiting trial for, a relevant offence (other than the relevant offence referred to in paragraph (a) ) committed or alleged to have been committed, as the case may be

(I) in a dwelling,

(II) within a period commencing 6 months before and ending 6 months after the alleged commission of the relevant offence referred to in paragraph (a) , and

(III) after he or she attained the age of 18 years.

(2C) A reference in subsection (2B) to a conviction for a relevant offence includes a reference to a conviction for a relevant offence which is the subject of an appeal (which has neither been determined nor withdrawn).

(2D) Nothing in subsection (2B)(b) shall be taken to prejudice the operation of section 258 of the Children Act 2001 . ]

(3) In determining whether the refusal of an application for bail is reasonably considered necessary to prevent the commission of a serious offence by a person, it shall not be necessary for a court to be satisfied that the commission of a specific offence by that person is apprehended.

F5 [ (4) In this section

dwelling includes

(a) a building or structure (whether temporary or not) which is constructed or adapted for use as a dwelling and is being so used,

(b) a vehicle or vessel (whether mobile or not) which is constructed or adapted for use as a dwelling and is being so used, or

(c) a part of a dwelling;

relevant offence means an offence under section 12 or 13 of the Criminal Justice (Theft and Fraud Offences) Act 2001 . ]