Refusing bail where the offence was allegedly committed on bail (Bail Act 1976 Sch 1 para 2A)

Under s.4 of the Bail Act 1976 a defendant has a general right to bail, subject to the exceptions in Schedule 1. Part 1 of Schedule 1 applies to imprisonable offences. Paragraph 2A provides that the defendant need not be granted bail if the offence is an indictable or either-way offence and it appears to the court that he was on bail in criminal proceedings on the date of the offence. Burglary of a dwelling is triable either way, and Callum was on bail for the theft when it is alleged to have been committed. The court therefore has a discretion to refuse bail on this ground alone. Because the court considers there is a real prospect of immediate custody, the restriction in para 1A (as amended by the Sentencing Act 2026), which applies where there is no real prospect of a custodial sentence other than a suspended sentence, does not prevent reliance on para 2A. The wording is permissive: refusal is not compulsory.

Why B is wrong: Paragraph 2A says the defendant 'need not' be granted bail; it creates a discretion, not a duty to refuse.

Why C is wrong: There is no rule that bail must be granted absent a previous failure to surrender; para 2A is an independent exception.

Why D is wrong: Paragraph 2A turns on the current offence being indictable or either-way, not on the nature of the earlier proceedings.

Why E is wrong: Offending while on bail is a separate statutory exception in para 2A, quite apart from the para 2 grounds.