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Bail Act 1992
13Deciding bail after charge laid
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13 Deciding bail after charge laid
(1) If—
(a) a person who has been taken into custody by a police officer is
charged with an offence but is not to be brought before a court
immediately after being charged; or
(b) it is not practicable to bring immediately before a court a person
arrested under a warrant (being a warrant which does not
expressly preclude the granting of bail) issued under the
Magistrates Court Act 1930, section 42 (2) (Issue of warrant and
summons) in relation to an offence punishable by a fine or by
imprisonment for a period not exceeding 2 years;
the police officer who charges or arrests the person—
(c) must tell the person that the person may—
(i) apply for bail; and
(ii) communicate with a lawyer of the person’s choice in
relation to the making of an application for bail; and
(iii) if the person cannot speak or understand the English
language—have recourse to the services of a competent
interpreter; and
(iv) communicate with someone else of the person’s choice
who may reasonably be expected to assist the person in
relation to the provision of bail; and
if the person asks for facilities to do so, must provide the person
with reasonable facilities to enable the person to communicate
with a lawyer, an interpreter or someone else; and
(d) must tell the person about—
(i) the applicable bail criteria; and
(ii) the conditions subject to which the person may be released
on bail; and
(e) if the person applies for bail—
(i) if the police officer is authorised to grant bail to the
person—must consider whether the person should be
granted bail; or
(ii) in any other case—must bring the person before an
authorised officer.
(2) If a person is brought before an authorised officer under
subsection (1) (e) (ii), the authorised officer must consider whether
the person should be granted bail.
(3) If, before subsection (1) has been fully complied with in relation to
an accused person, an authorised officer is satisfied that it is
appropriate to release the person on bail subject only to the person
giving an undertaking to appear, the authorised officer may so release
the person.
(4) A police officer who charges or arrests a person need not comply with
subsection (1) (c) (ii), (iii) or (iv) if the police officer believes on
reasonable grounds that non-compliance is necessary to prevent—
(a) the escape of an accomplice of the accused person; or
(b) the loss, destruction or falsification of evidence relating to the
(5) If a police officer who charges or arrests a person does not comply
with subsection (1) (c) (ii), (iii) or (iv) for a reason mentioned in
subsection (4), the police officer must record the reason.