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Report No. 78

VIII. Comparative Position

2.18. Right to bail in England.-

In England, there is now, by the Bail Act, 1976, a general right to bail which can be refused only for reasons to be recorded by the court,1 and only in circumstances set out in the First Schedule to the Act.2 Leaving aside circumstances not very material for the present purpose, the defendant need not be granted bail if the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not), would-

(a) fail to surrender to custody, or

(b) commit an offence while on bail, or

(c) interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person.

The system of personal recognizance is replaced by a statutory duty to surrender to custody, violation thereof being an offence.3

1. Section 4, Bill Act, 1976, read with the First Schedule.

2. For history of English law, see para. 2.2, supra.

3. Section 3, and, bail Act. 1776.

Congestion of under trial Prisoners in Jails Back

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