Page:Bail Act 1976.pdf/23

Sch. 2

23. In section 89(3) of the Act of 1952 (computation of sentence where bail granted pending hearing of case stated), for the words “admitted to” wherever occurring there shall be substituted the words “released on”.

24. For section 93 of the Act of 1952 (warrants endorsed for bail), there shall be substituted the following—

“93.—(1) A justice of the peace on issuing a warrant for the arrest of any person may grant him bail by endorsing the warrant for bail, that is to say, by endorsing the warrant with a direction in accordance with subsection (2) below.

(2) A direction for bail endorsed on a warrant under subsection (1) above shall—

(a) in the case of bail in criminal proceedings, state that the person arrested is to be released on bail subject to a duty to appear before such magistrates’ court and at such time as may be specified in the endorsement;

(b) in the case of bail otherwise than in criminal proceedings, state that the person arrested is to be released on bail on his entering into such a recognizance (with or without sureties) conditioned for his appearance before a magistrates’ court as may be specified in the endorsement;

and the endorsement shall fix the amounts in which any sureties and, in a case falling within paragraph (b) above, that person is or are to be bound.

(3) Where a warrant has been endorsed for bail under subsection (1) above, then, on the person referred to in the warrant being taken to a police station on arrest under the warrant, the officer in charge of the police station shall (subject to his approving any surety tendered in compliance with the endorsement) release him from custody as directed in the endorsement.”.

25. At the end of section 94 of the Act of 1952 (variation of terms of bail), there shall be added the following words—

“Provided that this section does not apply in relation to a person granted bail in criminal proceedings”.

26. In section 105 of the Act of 1952 (exercise of powers to remand in custody or on bail), for subsection (1) there shall be substituted the following—

“(1) Where a magistrates’ court has power to remand any person, then, subject to section 4 of the Bail Act 1976 and to any other enactment modifying that power, the court may—

(a) remand him in custody, that is to say, commit him to custody to be brought before the court at the end of the period of remand or at such earlier time as the court may require; or

(b) where it is inquiring into or trying an offence alleged to have been committed by that person or has convicted him of an offence, remand him on bail in accordance with the Bail Act 1976, that is to say, by directing