Bail
The release of a person accused of a crime, subject to conditions, pending their trial or next court appearance. Bail may be unconditional or subject to conditions such as a curfew, residence requirement, or surrender of passport. The Bail Act 1976 creates a general right to bail.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
CPS legal guidance confirms the statutory starting point: under section 4 of the Bail Act 1976, on each occasion a person is brought before a court accused of an offence, he must be granted bail without condition, if none of the exceptions to bail apply — bail is the default, not something a suspect has to earn.
Before charge, investigators must actively choose between the two forms of release: they must 'ask themselves whether conditional or unconditional bail is appropriate', and any conditions imposed 'should be specific, achievable and enforceable by police', and relevant to the offence. The rules were also amended by the Sentencing Act 2026, which reinforces that a remand into custody should not be sought for an unconvicted defendant who has no real prospect of an immediate custodial sentence.
Related terms
Official sources
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