There are two types of bail, ‘Police bail’ and ‘Court bail’. The functional difference between the two types is where in the timeline of criminal investigations or proceedings they are used.

What is Police Bail?

Police bail is used before a suspect is ‘charged’ with a criminal offence. It is sometimes referred to as “pre-charge bail”. It is effective from the date of arrest until an individual appears before the Magistrates’ Court for their first hearing.

The purpose of police bail is to:

• Continue with the investigation to carry out further enquiries before a decision can be made to charge;
• Allow time for the CPS (or other prosecution authority) to make a charging decision.

What happens if I breach police bail conditions?

If you do not abide by the bail conditions, you can be arrested again and taken to a police station where a decision is made to:

• Admit you on bail again on the same conditions or alter them;
• Charge you with an offence and for the case to proceed to the Magistrates Court.

What police bail conditions can be imposed?

There are a number of bail conditions which can be imposed however these must be necessary and proportionate. These include:

• Reporting to the police station;
• Surrendering your passport;
• Not contacting particular individuals;
• Living at a particular address.

Your solicitor will have an opportunity to challenge any bail conditions before they are imposed. We can also apply to vary any existing bail conditions.

What is Court bail?

Once an individual is charged with an offence, the Court is entitled to review the position of whether they should be granted bail at every court hearing.

There is a presumption that every individual has the right to bail however there are exceptions that may apply which are covered by the law.

If bail is refused, then the individual will remain in prison until the conclusion of their trial or a sentence hearing.

What is “remand”?

Remand is the technical word used for remaining in prison until the individual appears for their trial or their sentence hearing.

What happens if I breach court bail conditions?

If an officer believes that an individual is not likely to surrender to court or if they have broken or likely to break any conditions of bail, then they must be arrested.

The individual must be brought as soon as practicable, within 24 hours of their arrest before the Magistrates Court.

The Court will then decide whether this person should be admitted on bail again or if they are kept in prison until their trial or a sentence hearing.

What court bail conditions can be imposed?

Conditions imposed are similar to police bail. Additional conditions can include:

• Curfew, electronically monitored curfew, “tag”, where you have to remain at home within specified hours;
• Curfew, where you have to remain at home within specified hours;
• Offering a sum of money, referred to as a surety or security.

Bail can be a complex area of law and should you require further advice, please contact us on 0344 587 9996.