The Bail Act 1976 provides a general right to bail in criminal proceedings for most unconvicted defendants and for qualifying convicted defendants, the exceptions to which are listed in Schedule 1 to the 1983 Act. Under the Bail Act 1976, courts are permitted to refuse bail if they are satisfied that a defendant should be kept in custody for their own protection or, if they are a child or young person aged under 18, for their own welfare. Currently, there is nothing to prevent this power being used where the sole concern for refusal of bail is on mental health grounds where, for example, a person may be considered a danger to themselves. Evidence suggests that in some cases this power is being used by the courts to remand defendants into custody where they would otherwise have been bailed were it not for the court’s concern for their mental health. Prison should not be used solely to protect individuals with a severe mental health need and alternative provision, preferably a healthcare setting or support, should be sought.
	This section amends the Bail Act 1976 to prevent the remand of an adult defendant for their own protection where the sole concern is their mental health, aligning with wider measures in the Act that remove prison as a place of safety. In such an eventuality, per s.3(6) of the Bail Act 1976, the court may instead impose any bail condition it considers necessary for the defendant's own protection, including a requirement to engage with appropriate mental health support. Courts also have powers under the 1983 Act to order that the defendant be remanded into hospital for a report into the defendant's mental condition to be produced, or for treatment, if the conditions for such a remand are met. Under 18s are not included in this provision, as the effect of the Legal Aid, Sentencing, and Punishment of Offenders Act 2012 already precludes the remand of children to custody solely for mental health reasons.
	Section 49 subsections (1-4) make the required changes to the relevant paragraphs in Schedule 1 to the Bail Act 1976 in order to remove the ability of the courts to remand an adult for their own protection solely based on concerns about their mental health. Subsection 2 amends the exception to the right to bail as it applies to those accused of indictable-only or either-way offences; subsection 3 makes the same amendment to the exception that applies to those accused of summary only and imprisonable offences; subsection 4 makes the same amendment to the exception as it applies to those accused of summary only but non-imprisonable offences.
	Section 49 subsection (5) clarifies that these provisions will only apply to persons before a court after these changes commence.
Miscellaneous Section 49: Remand for a person’s own protection etc.