Bail

Bail in Criminal Cases

Bail allows a person accused of a criminal offence to remain out of custody while the case is investigated or while they wait for court hearings or trial. It reflects the principle that a person is innocent unless and until proved guilty, but it can be subject to conditions designed to protect the public, witnesses and the court process.

Bail in England and Wales differs from the large cash-bail systems sometimes reported in the United States. In most cases, the key question is not whether the accused can pay a large sum, but whether they can safely be released and trusted to attend court and comply with any conditions.

Police Bail Before Charge

Pre-charge bail, sometimes called police bail, may be used where a person has been arrested but the investigation is continuing, and there is not yet a charging decision. The person is released from custody but may have to return to the police station or comply with conditions.

Pre-charge bail can be imposed with or without conditions. It may be used where conditions are considered necessary, for example,e to protect a complainant or witness, prevent interference with evidence, or manage risk while enquiries continue.

Released Under Investigation

In some cases, a suspect may be released under investigation rather than on bail. This means they are not subject to bail conditions, but the investigation remains open, and police may later contact them.

Being released under investigation is not the same as being cleared. Anyone in this position should keep their solicitor updated and avoid contacting witnesses or complainants if that could create further problems.

Bail After Charge

After a person is charged, they may be released on bail from the police station until their first court hearing. The charge sheet will usually state the date, time and court they must attend.

If bail is granted, conditions may be attached. These can include living at a specified address, not contacting certain people, avoiding particular places, surrendering a passport, observing a curfew or reporting to a police station at set times.

Court Bail

Once the case reaches court, the court will decide whether the defendant should be granted bail or remanded in custody. The court may grant unconditional bail, impose bail conditions, or refuse bail and send the defendant to prison on remand.

The decision will depend on the offence, the defendant's history, risk factors, the strength of the evidence, previous compliance with bail conditions, and any concerns about witnesses, further offending, or failure to attend court.

Common Bail Conditions

Bail conditions are intended to manage risk. They should be necessary and proportionate. Common conditions include residence at a particular address, a curfew, electronic monitoring, reporting to the police, non-contact with named people, exclusion from certain areas, surrender of travel documents, and restrictions on social media or communication.

Conditions must be followed carefully. Breaching bail conditions can lead to arrest, a return to court and possible remand in custody.

When Bail Can Be Refused

Bail may be refused where the court believes there are substantial grounds for thinking the defendant would fail to attend court, commit further offences while on bail, interfere with witnesses, obstruct justice or breach bail conditions.

The court may also consider the seriousness of the offence, previous convictions, previous failures to attend, previous breaches of bail, the defendant's community ties and any risk to the public or a specific person.

Remand in Custody

If bail is refused, the defendant may be remanded in custody. This means they are held in prison until the next hearing or trial, unless bail is later granted.

Remand is serious because the person has not yet been convicted of the offence for which they are awaiting trial. A solicitor can advise on whether a fresh bail application can be made and what evidence may help, such as a suitable address, surety, treatment plan or proposed conditions.

Sureties and Security

In some cases, the court may require a surety. A surety is someone who promises to pay a sum of money if the defendant fails to attend court. The surety must usually satisfy the court that they can supervise or influence the defendant and that the money is genuinely available.

Security may also be required in some cases, although this is less common. These arrangements should not be entered into lightly because there can be financial consequences if the defendant fails to attend.

Changing Bail Conditions

A defendant can ask for bail conditions to be varied if they are unworkable, unnecessary or circumstances have changed. For example, a curfew may conflict with employment, a residence condition may need to change, or a non-contact condition may affect child arrangements.

Applications to vary bail conditions should be handled carefully. The prosecution may object, and the court will consider risk, necessity and proportionality before making a decision.

Breach of Bail

Failing to attend court when required is a criminal offence and may result in a warrant for arrest. Breaching bail conditions can also lead to arrest and may make it harder to obtain bail again.

If a defendant accidentally breaches a condition or cannot attend court due to illness or an emergency, they should contact their solicitor and the court immediately. Evidence may be needed.

Custody Time Limits

Custody time limits restrict the length of time a defendant can be held on remand before trial. The limits vary depending on the court, the type of offence, and the stage of the proceedings. The prosecution can apply to extend the time limit in some circumstances.

Custody time limit rules are technical. Anyone held on remand should have legal representation to monitor deadlines and consider whether bail or a custody time limit application is appropriate.

Young People and Bail

Different rules can apply to children and young people. The court must consider the child's age, welfare, accommodation, safeguarding and risk. Youth remand decisions can involve local authority accommodation or youth detention accommodation depending on the seriousness of the case.

Parents, guardians and youth offending teams may be involved. Legal advice is essential where a child is facing bail, remand or court proceedings.

Victims and Witnesses

Bail conditions can be used to protect victims and witnesses. Conditions may prevent contact, restrict attendance at certain addresses, or stop a defendant from entering a particular area.

If a victim or witness believes bail conditions have been breached, or feels unsafe, they should contact police. In an emergency, call 999.

When Legal Advice May Be Needed

Legal advice is important if a person has been arrested, released on bail, charged, refused bail, remanded in custody, accused of breaching bail, or wants to change bail conditions.

A criminal defence solicitor can advise on bail applications, suitable conditions, sureties, evidence, police interviews, first hearings, custody time limits and the risk of remand.

Current Position

Bail allows some suspects and defendants to remain out of custody while a criminal case is ongoing. It may be granted by the police before or after charge, or by the court during proceedings.

Bail can be refused where there are legal grounds, such as risk of failing to attend court, further offending, interference with witnesses or breach of conditions. Anyone facing a bail decision should seek legal advice as early as possible.

Disclaimer

Solicitors.com is not a firm of solicitors and does not provide legal advice. The information on this page is for general guidance only and should not be relied upon as a substitute for advice from a regulated solicitor. Criminal law, bail rules and court procedure can change, and how the law applies will depend on the facts of each case.

Feedback

If you believe this page contains an error or requires updating, please get in touch with us. We welcome amendments that help keep our legal information accurate and useful.