Clause 16.—(SPECIAL CONDITIONS OF BAIL.) (Hansard, 26 July 1967)

§ Mr. Taverne
I beg to move, That this House doth agree with the Lords in the said Amendment.

§ Mr. Deputy Speaker
It would be convenient also to discuss Amendments No. 16, No. 18, No. 19 and No. 20.

§ Mr. Taverne
Yes, Mr. Deputy Speaker, and may I suggest that we also consider Amendments No. 17 and No. 242?

§ Mr. Deputy Speaker
If the House agrees, so be it.

§ Mr. Taverne
The object of the new Clause is to extend the range of circumstances in which the High Court may admit a person to bail or vary the conditions upon which bail has been allowed by a lower court. The Law Commission has told us that it considers that there are a number of inadequacies as regards the grant of bail by a judge in chambers when bail has been refused.
These are, first, that there is no power in the High Court to admit to bail where the magistrates' court has remanded an accused in custody after conviction, for reports before sentence, although the magistrates have power to admit to bail under Sections 14 and 105 of the Magistrates' Courts Act, 1952.
Secondly, there is no power in the High Court to admit to bail where a court of quarter sessions has remanded an accused for reports after conviction.
Thirdly, there is no power in the High Court to interfere where the court below has offered bail in such terms, as to sureties or other conditions, that the defendant cannot comply with such terms.
It would seem right that the High Court should have power to grant bail in all these cases and that the power should be stated in terms which do not admit of doubt. The New Clause provides that, without prejudice to any existing power of the High Court, it may allow bail in any case in which the lower court could have allowed it, and vary any conditions on which bail was offered by the lower court.
The Amendment to Schedule 6 is the consequential repeal and there are five drafting Amendments.