Justice Bill

Court bail

6. After Article 10D of the Criminal Justice (Children) (Northern Ireland) Order 1998 insert⁠—

“Part 3b

Bail, remand and committal

Bail

Right to bail

10E.—(1) A child to whom this Article applies must be released on bail, except as provided for in Article 10F (power to refuse bail).

(2) This Article applies to a child arrested for or charged with an offence where, in connection with the offence or proceedings for the offence, the child⁠—

      (a)  appears or is brought before a court, or

      (b)  is the subject of an application to a court to grant, vary or revoke bail.

(3) But this Article does not apply to a child if⁠—

      (a)  the child is convicted of the offence, or

      (b)  the child is in custody⁠—

       (i)  having been refused bail in respect of another offence,

      (ii)  in pursuance of a sentence of a court, or

     (iii)  in pursuance of a sentence imposed by an officer under the Armed Forces Act 2006.

(4) For the purposes of paragraph (3)(a) any of the following is to be treated as a conviction⁠—

      (a)  a finding of guilt;

      (b)  a finding that the child is not guilty by reason of insanity;

      (c)  a finding that the child is unfit to be tried and that the child did the act or made the omission charged;

      (d)  a conviction of an offence for which an order is made discharging the child absolutely or conditionally.

(5) But a finding under Article 51(1) of the Magistrates’ Courts (Northern Ireland) Order 1981 that a child charged with an offence did the act or made the omission charged is not to be treated as a conviction for the purposes of paragraph (3)(a).

(6) Nothing in this Article is to be taken to affect any power of a court to⁠—

      (a)  release a child without bail, or

      (b)  grant bail on compassionate grounds.

(7) This Article is subject to Article 38 of the Magistrates’ Courts (Northern Ireland) Order 1981 (bail in treason and related offences).

Power to refuse bail

10F.—(1) A court may refuse to release a child on bail under Article 10E  if it is satisfied that the following two conditions are met.

(2) The first condition is that if the child is convicted of the offence it is very likely that a custodial sentence will be imposed.

(3) The second condition is that there are substantial grounds for believing that it is necessary to remand the child in custody to prevent—

      (a)  the child failing to surrender to custody,

      (b)  the child committing an offence while on bail,

      (c)  the child interfering with witnesses or otherwise obstructing the course of justice, whether in relation to the child or any other person, or

      (d)  the child’s release causing a serious threat to public order.

Conditions of bail

10G.—(1) This Article applies, subject to paragraph (5), where a court is deciding whether to⁠—

      (a)  impose a condition when granting bail, or in respect of bail that has been granted, under Article 10E, or

      (b)  vary or remove a condition in respect of bail that has been granted under Article 10E.

(2) The court must not impose a condition of bail unless it is satisfied that it is necessary to do so to prevent⁠—

      (a)  the child failing to surrender to custody,

      (b)  the child committing an offence while on bail,

      (c)  the child interfering with witnesses or otherwise obstructing the course of justice, whether in relation to the child or any other person, or

      (d)  the child’s release causing a serious threat to public order.

(3) The court must not impose a condition of bail that is more onerous than is necessary for the purpose for which it is imposed.

(4) The court must remove a condition of bail if it is satisfied that the condition⁠—

      (a)  is no longer necessary for a purpose mentioned in paragraph (2), or

      (b)  is more onerous than is necessary for the purpose for which it was imposed.

(5) Paragraphs (2) and (4)(a) do not apply—

      (a)  to the imposition of a curfew requirement or an electronic monitoring requirement as a condition of bail (as to which, see Article 43 of the Criminal Justice (Northern Ireland) Order 2008), or

      (b)  where a court has a duty to impose conditions under Article 51(2) of the Magistrates’ Courts (Northern Ireland) Order 1981 (inquiry into physical or mental condition).

Considerations relevant to bail

10H.—(1) This Article applies where a court is deciding whether to⁠—

      (a)  refuse to release a child on bail under Article 10F,

      (b)  impose a condition when granting bail, or in respect of bail that has been granted, under Article 10E, or

      (c)  vary or remove a condition in respect of bail that has been granted under Article 10E.

(2) The court must have regard to the following matters, insofar as they are relevant⁠—

      (a)  the nature and seriousness of the offence;

      (b)  the strength of evidence against the child;

      (c)  the child’s character and history, including—

       (i)  the nature of any previous convictions,

      (ii)  the conduct of the child during any previous grants of bail;

      (d)  the child’s community ties and associations;

      (e)  the child’s age, maturity and needs;

       (f)  the child’s capacity to understand and comply with any condition of bail.

Record of decisions concerning bail

10I.—(1) This Article applies where a court⁠—

      (a)  refuses to release a child on bail under Article 10F,

      (b)  imposes a condition when granting bail, or in respect of bail that has been granted, under Article 10E, or

      (c)  varies or removes a condition in respect of bail that has been granted under Article 10E.

(2) The court must⁠—

      (a)  give reasons for its decision in open court,

      (b)  make a record of⁠—

       (i)  the decision, and

      (ii)  the reasons for the decision, and

      (c)  if the child requests it, cause a copy of the record to be given to the child.

(3) In complying with paragraph (2) the court must use language that is appropriate to the age, maturity and understanding of the child.”.