Bail Rights: Police Bail, Court Bail and Remand
The right to bail under the Bail Act 1976, police and court bail conditions, breach consequences, pre-charge bail time limits and remand explained.
Quick answer
In England and Wales, section 4 of the Bail Act 1976 gives an accused person a general right to bail: it must be granted unless an exception in Schedule 1 applies, and conditions (such as residence, reporting to a police station or surrendering your passport) may only be imposed where necessary. Breaking a bail condition is not itself an offence but you can be arrested and remanded in custody; failing to attend court without reasonable cause is an offence punishable summarily with up to 3 months' imprisonment. Pre-charge police bail is initially limited to 3 months (standard cases), extendable by an inspector to 6 months and a superintendent to 9 months, with further extensions only by a magistrates' court.
Overview
Bail means being released from custody while a police investigation or criminal case continues. Two different regimes apply in England and Wales. Before charge, the police can release you on pre-charge bail (with or without conditions) while they investigate — this is time-limited by the Police and Criminal Evidence Act 1984, starting at 3 months in standard cases. After charge, bail is governed by the Bail Act 1976: section 4 creates a general right to bail — 'a person to whom this section applies shall be granted bail except as provided in Schedule 1 to this Act'. A court may only refuse bail where a Schedule 1 exception applies, and may only attach conditions where necessary. Breaking bail has serious consequences: breach of conditions can lead to arrest and remand in custody, and failing to attend court is a criminal offence in its own right. This guide explains both regimes, conditions, breach and remand.
Step-by-Step Process
Work out which kind of bail you are on
If you have not been charged, you may be on pre-charge police bail — the police can release you on police bail if there is not enough evidence to charge you — or 'released under investigation', which means you are free to go home with no rules to follow while the investigation continues. If you have been charged, the police decide whether you are released on bail until your court hearing or kept in custody, and after that the court decides bail at each hearing.
- Your bail notice or charge sheet states which regime applies and any conditions
- Released under investigation has no conditions — but the investigation is still live
Pre-charge bail: know your time limits
Pre-charge bail is limited by PACE. In standard cases the 'applicable bail period' is 3 months beginning with your bail start date (the day after your arrest); in FCA, HMRC, NCA or SFO cases it is 6 months. A police officer of the rank of inspector or above can extend it to 6 months, and a superintendent or above to 9 months. Extensions beyond that require a magistrates' court, which can extend to 12 months (or 18 months in complex cases) from the bail start date.
- Before a police extension is authorised, you or your legal representative must be told and any representations you make must be considered
- Ask your solicitor to diarise the expiry date and challenge unnecessary extensions
After charge: the police decide bail until your first hearing
When you are charged you get a charge sheet, and the police decide whether you can be released from police custody until the court hearing — possibly with rules to follow, known as bail — or are kept in custody until you are taken to court. You can be released on conditional bail if the police think you may commit another offence, fail to turn up at court, intimidate other witnesses or obstruct the course of justice.
At court: the presumption in favour of bail
Section 4 of the Bail Act 1976 provides that a person 'shall be granted bail except as provided in Schedule 1 to this Act'. As the CPS guidance puts it, on each occasion you are brought before a court accused of an offence you must be granted bail without condition if none of the exceptions apply. Bail may be denied only where there are substantial grounds for believing a Schedule 1 exception applies — for example that you would fail to attend, offend on bail or interfere with witnesses.
- In murder cases, bail decisions must be made by a Crown Court judge, not the magistrates
- If bail is refused, ask your solicitor about renewing the application or appealing
Understand and comply with your bail conditions
Typical conditions include living at a particular address, not contacting certain people, giving your passport to the police so you cannot leave the UK, and reporting to a police station at agreed times, for example once a week. Conditions may only be imposed where necessary to address the risks of unconditional bail, and must be necessary, reasonable, proportionate and capable of being enforced.
- Read every condition carefully before you leave court or the police station
- Keep evidence of compliance, such as reporting receipts
Apply to vary conditions that do not work
The Bail Act expressly applies when a person 'applies to a court for bail or for a variation of the conditions of bail in connection with the proceedings'. If a condition is unworkable — for example the address is no longer available or reporting times clash with work — ask your solicitor to apply to vary it rather than simply breaching it.
- Never assume informal police agreement changes a court-imposed condition — get it varied formally
Know the consequences of breaking bail
Breach of bail conditions is not itself a Bail Act offence, but a police officer can arrest you with reasonable grounds for believing you are likely to break (or have broken) your conditions, and the magistrates' court may then remand you in custody or grant bail on the same or different conditions. Failing without reasonable cause to surrender to custody is a criminal offence under section 6 of the Bail Act 1976 — punishable summarily with up to 3 months' imprisonment and/or a level 5 fine, or up to 12 months if dealt with in the Crown Court — and it is for you to prove you had reasonable cause.
- If an emergency stops you attending court, contact your solicitor and the court immediately and keep evidence
- Being acquitted of the main offence does not erase a failure-to-surrender conviction
If bail is refused: remand
If the court decides to put you on remand it means you will go to prison until your trial begins. The court may do this if you have been convicted of a crime in the past, the court thinks you might not attend your hearing or might commit a crime while on bail, or you have been given bail before and not stuck to the terms. Under-18s are taken to a secure centre for young people, not an adult prison, and — unless there are exceptional circumstances — cannot be kept in custody longer than 56 days if the case is in a youth or magistrates' court, or 182 days for a Crown Court case.
- Your lawyer (or youth offending team for under-18s) can apply for bail even after a remand decision
Important Warnings
Failing without reasonable cause to surrender to custody is a criminal offence in its own right — separate from, and additional to, the offence you were bailed for.
Breach of bail conditions is not an offence but can lead to immediate arrest, and the court may remand you in custody.
Pre-charge bail extensions beyond 9 months in standard cases require a magistrates' court order — make representations through your solicitor before police extensions are authorised.
In murder cases bail can only be granted by a Crown Court judge.
Useful Links
Frequently asked questions
- Do I have a right to bail?
- Yes, after charge there is a statutory presumption: section 4 of the Bail Act 1976 says a person 'shall be granted bail except as provided in Schedule 1 to this Act'. Bail may only be refused where there are substantial grounds for believing an exception applies — for example a risk of absconding, offending on bail or interfering with witnesses.
- How long can I be kept on pre-charge police bail?
- In standard cases the initial applicable bail period is 3 months from your bail start date (6 months for FCA, HMRC, NCA or SFO investigations). An inspector or above can extend it to 6 months and a superintendent or above to 9 months; beyond that only a magistrates' court can extend it, to 12 months or 18 months from the bail start date depending on the case.
- Is breaking a bail condition a criminal offence?
- No — CPS guidance confirms that breach of conditions of bail is not a Bail Act offence, nor a contempt of court unless there is some additional feature. But the police can arrest you if they have reasonable grounds to believe you are likely to break a condition, and the magistrates' court may then remand you in custody or re-bail you on the same or different conditions.
- What happens if I do not turn up at court?
- Failing without reasonable cause to surrender to custody is an offence under section 6 of the Bail Act 1976. On summary conviction it carries up to 3 months' imprisonment and/or a fine; if committed to the Crown Court for sentence or dealt with as contempt, up to 12 months. The burden is on you to prove you had reasonable cause.
- What conditions can be attached to bail?
- Common examples on GOV.UK include living at a particular address, not contacting certain people, giving your passport to the police so you cannot leave the UK, and reporting to a police station at agreed times. Conditions may only be imposed where necessary to address the risks of unconditional bail and must be necessary, reasonable, proportionate and capable of being enforced.
- Why would a court refuse bail?
- GOV.UK lists the main reasons: you have been convicted of a crime in the past, you have been given bail before and not stuck to the terms, the court thinks you might not turn up for your next hearing, or the court thinks you might commit a crime while on bail.
- What does being remanded in custody mean?
- If the court decides to put you on remand you go to prison until your trial begins. Under-18s go to a secure centre for young people instead, and unless there are exceptional circumstances cannot be held longer than 56 days (youth/magistrates' court cases) or 182 days (Crown Court cases).
- What is 'released under investigation'?
- If you are not charged, the police might release you under investigation instead of on bail. You are free to go home and there are no rules you need to follow, but the police will continue to investigate the offence they think you committed.
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