You Are Currently on Police or Court Bail
You have been released on bail — either police bail (pre-charge) or court bail (after first appearance). This page explains your obligations, the consequences of breach, and how to apply to vary conditions you cannot comply with.
Quick Answer
Bail conditions are legally binding. Breach of any condition is a criminal offence under the Bail Act 1976 and will lead to arrest, a remand in custody hearing, and potential refusal of future bail. If conditions are unreasonable or unworkable, apply to vary them promptly rather than simply ignoring them.
Full Explanation
Bail is the release of a person from custody on an undertaking to appear at a later date, usually with conditions attached. Conditions can include reporting to a police station on set days, surrendering a passport, residing at a specified address, observing a curfew, and having no contact with named individuals.
Police bail is governed by PACE 1984 s.47 as amended by the Police, Crime, Sentencing and Courts Act 2022. Initial pre-charge bail is normally set at 28 days. Extensions require authorisation by a superintendent (up to three months) and thereafter a magistrates' court application. The overall limit for pre-charge bail varies by offence type.
Court bail is granted by a magistrates' court or Crown Court under the Bail Act 1976. The court must grant bail unless one of the exceptions in Schedule 1 to the Bail Act applies — principally risk of failure to surrender, commission of further offences, or interference with witnesses. Conditions must be no more restrictive than necessary to address those specific risks.
If you breach a condition, a police officer can arrest you without warrant under s.7 of the Bail Act 1976. You will be brought before a magistrates' court as soon as practicable. The court will consider whether to remand you in custody or re-grant bail with the same or stricter conditions. Failure to surrender to bail is itself a separate criminal offence under s.6 of the Bail Act.
If conditions are disproportionate or have changed in relevance, you can apply to vary them. For court bail, application is made under s.3(8) of the Bail Act 1976 to the magistrates' court (or Crown Court if committed there). Your solicitor can make a written application or seek a slot on the list. Changes in accommodation, employment, or the evidence in the case are all grounds for reconsideration.
Legal Basis
- §Bail Act 1976, s.3, s.6, s.7 — Sets out the right to bail, conditions that may be imposed, the offence of failure to surrender, and the power to arrest for breach of conditions.
- §Police and Criminal Evidence Act 1984, s.47 — Governs police bail after arrest, including the initial 28-day limit and extension procedure.
- §Police, Crime, Sentencing and Courts Act 2022 — Significantly amended pre-charge bail provisions, introducing the 28-day initial period and tightening extension criteria.
What To Do
Read Every Condition Carefully
Obtain a written copy of your bail record. Each condition will be listed precisely — address, curfew times, reporting times, exclusion zones, no-contact names. Make sure you understand every requirement. If anything is unclear, ask your solicitor to clarify in writing before you leave the station or court.
Set Calendar Reminders for All Reporting and Court Dates
Enter every reporting date and every court date into your phone or calendar immediately, with an alarm the evening before. Missing a reporting requirement — even once — is a breach. Missing a court date is a separate criminal offence. If you are ill, contact your solicitor immediately so they can inform the court.
Apply to Vary Conditions If They Are Unworkable
If a condition has become impossible to comply with (for example, the bail address has become unavailable, or the exclusion zone prevents you reaching work), make an urgent application to vary under s.3(8) of the Bail Act 1976. Do not simply breach the condition. Your solicitor can make an urgent written application to the magistrates' court.
Never Miss a Court Date
Failure to surrender to bail at the appointed time and place is a criminal offence under s.6 of the Bail Act 1976. It is triable either way and carries up to 12 months' imprisonment in the Crown Court. Courts take a very dim view of failing to surrender and it will seriously damage your prospects for bail in the future.
Important Deadlines
Important Warnings
Any breach of a bail condition — however minor — can result in immediate arrest and a remand hearing where you may be held in custody until trial.
A no-contact condition means no contact of any kind: phone, text, email, social media, through a third party, or in person. Courts treat indirect contact as breach.
If charged with a new offence while on bail, the court will view this as a significant aggravating factor at sentence and is a statutory reason to refuse further bail.