Moved by
The Lord Bishop of Gloucester
110: After Clause 43, insert the following new Clause—
“Bail and primary carers
(1) Section 4 of the Bail Act 1976 is amended as follows.
(2) After subsection (9), insert—
“(10) Where a court determines whether to grant bail in criminal proceedings to a person to whom this section applies who is a primary carer for a child or pregnant, the court must—
(a) consider the impact of not granting bail on the child or unborn child; and
(b) presume (subject to victim impact or other relevant considerations) that it is in the best interests of the child or unborn child for bail to be granted.
(11) In this section—
(a) “child” means a person under the age of 18, and
(b) “primary carer” means a person who has primary or substantial care responsibilities for a child.””
Member’s explanatory statement
This Clause reflects the requirement for judge to consider the impact of not granting bail on a child when determining, in criminal proceedings, whether to grant bail to a primary carer of a dependent child.