Summary and Background Part 2 – Bail
17.This Part gives effect to the Law Commission’s recommendation that minor amendments should be made to the Bail Act 1976 to ensure that its compliance with the ECHR is beyond dispute. The provision which purports to make it an exception to the right to bail that an offence appears to have been committed while the defendant was on bail for another offence is repealed, and replaced with a presumption that bail will not be granted in these circumstances to a defendant aged 18 or over unless the court is satisfied that there is no significant risk of his re-offending on bail. There is also a presumption that a defendant aged 18 or over who without reasonable cause has failed to surrender to custody will not be granted bail, unless the court is satisfied that there is no significant risk that he would so fail if released.
18.This Part also gives effect to recommendations of Lord Justice Auld in his Review of the Criminal Courts of England and Wales for simplifying the bail appeals system, including removing the High Court’s bail jurisdiction where it is concurrent with that of the Crown Court. The right of the prosecution to appeal to the Crown Court against a decision by magistrates to grant bail is extended to cover all imprisonable offences, and not just those carrying a maximum penalty of 5 years or more as at present.
19.This Part creates a presumption that bail will not be granted for a person aged 18 or over who is charged with an imprisonable offence, and tests positive for a specified Class A drug, if he refuses to undergo an assessment as to his dependency or propensity to misuse such drugs, or following an assessment, refuses any relevant follow-up action recommended unless the court is satisfied that there is no significant risk of his re-offending on bail.