Page:Bail Act 1976.pdf/24

Sch. 2

him to appear as provided in subsection (3) of this section; or

(c) except in a case falling within paragraph (b) above, remand him on bail by taking from him a recognizance (with or without sureties) conditioned as provided in that subsection;

and may, in a case falling within paragraph (c) above, instead of taking recognizances in accordance with that paragraph, fix the amount of the recognizances with a view to their being taken subsequently in accordance with section 95 of this Act.

(1A) Where the court fixes the amount of a recognizance under subsection (1) of this section or section 8(3) of the Bail Act 1976 with a view to its being taken subsequently the court shall in the meantime commit the person so remanded to custody in accordance with paragraph (a) of the said subsection (1).”.

27. In section 105 of the Act of 1952, for subsection (3) there shall be substituted the following—

“(3) Where a person is remanded on bail under subsection (1) of this section the court may, where it remands him on bail in accordance with the Bail Act 1976 direct him to appear or, in any other case, direct that his recognizance be conditioned for his appearance—

(a) before that court at the end of the period of remand; or

(b) at every time and place to which during the course of the proceedings the hearing may be from time to time adjourned;

and, where it remands him on bail conditionally on his providing a surety during an inquiry into an offence alleged to have been committed by him, may direct that the recognizance of the surety be conditioned to secure that the person so bailed appears—

(c) at every time and place to which during the course of the proceedings the hearing may be from time to time adjourned and also before the Crown Court in the event of the person so bailed being committed for trial there.

(3A) Where a person is directed to appear or a recognizance is conditioned for a person’s appearance in accordance with paragraph (b) or (c) of subsection (3) of this section, the fixing at any time of the time for him next to appear shall be deemed to be a remand; but nothing in this or the last preceding subsection shall deprive the court of power at any subsequent hearing to remand him afresh.”.

28.—(1) Section 106 of the Act of 1952 (further remands) shall be amended as follows.

(2) In subsection (2), for the words after “further time” there shall be substituted the words—

“(a) where he was granted bail in criminal proceedings, includes power to enlarge the recognizance of any surety for him to a later time;