Clause 11 - Grant and conditions of bail
Criminal Justice Bill
9:15 pm
Mr Hilary Benn (Parliamentary Under-Secretary, Home Office; Leeds Central, Labour)
The provision was included in the Bill following a recommendation by the Law Commission, specifically to ensure that our bail legislation complied with the European convention on human rights.
It may be helpful if I point out that, although the Bail Act 1976 allows a defendant to be remanded in custody for their own protection, or welfare in the case of a juvenile, there is no provision to enable bail conditions to be imposed in the same circumstances. The Law Commission pointed out that that might lead to a defendant being remanded in custody where release on conditional bail would have sufficed had the power to impose a condition—for example, residence at a hostel—been available. Clause 11(1) amends section 3(6) of the 1976 Act to permit that. The commission recommended that wholly positive step to deal with the gap in current provision that might result in someone being remanded in custody when they could be released on bail if appropriate conditions could be imposed. As I said, the provision is also intended to ensure compatibility with the European convention.
Our other objective is to ensure that there is a power to impose conditions on bail in the case of under-18s in circumstances in which they could be detained in their own interests under PACE or remanded in custody under the 1976 Act. That is the reason for the dual formula of
''for his own welfare or in his own interests''.
A point was made about examples of where the provisions might be used in respect of young people. There could be a requirement to reside at a particular address or not to have contact with an older alleged offender. I hope that my answers have reassured hon. Members that this is a positive change. As I said, it is a direct response to a Law Commission recommendation.