Legislation – Mental Health Act 2025

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Miscellaneous

49Remand for a person’s own protection etc

(1)

Schedule 1 to the Bail Act 1976 (persons entitled to bail: supplementary provisions) is amended as follows.

(2)

In Part 1 of that Schedule (defendants accused or convicted of imprisonable offences), for paragraph 3 substitute—

“3

(1)

The defendant need not be granted bail if—

(a)

the defendant has attained the age of 18, and

(b)

the court is satisfied, otherwise than by reason only of concerns about the defendant’s mental health, that the defendant should be kept in custody for their own protection.

(2)

The defendant need not be granted bail if—

(a)

the defendant is a child or young person, and

(b)

the court is satisfied that the defendant should be kept in custody for their own welfare.”

(3)

In Part 1A of that Schedule (defendants accused or convicted of imprisonable offences to which Part 1 does not apply), for paragraph 5 substitute—

“5

(1)

The defendant need not be granted bail if—

(a)

the defendant has attained the age of 18, and

(b)

the court is satisfied, otherwise than by reason only of concerns about the defendant’s mental health, that the defendant should be kept in custody for their own protection.

(2)

The defendant need not be granted bail if—

(a)

the defendant is a child or young person, and

(b)

the court is satisfied that the defendant should be kept in custody for their own welfare.”

(4)

In Part 2 of that Schedule (defendants accused or convicted of non-imprisonable offences), for paragraph 3 substitute—

“3

(1)

The defendant need not be granted bail if—

(a)

the defendant has attained the age of 18, and

(b)

the court is satisfied, otherwise than by reason only of concerns about the defendant’s mental health, that the defendant should be kept in custody for their own protection.

(2)

The defendant need not be granted bail if—

(a)

the defendant is a child or young person, and

(b)

the court is satisfied that the defendant should be kept in custody for their own welfare.”

(5)

The amendments made by this section apply in relation to any person who is before a court after the coming into force of this section.