Released Under Investigation Versus Bail
Key Takeaways
- Police bail is governed by the Bail Act 1976
- Pre-charge bail is limited to 28 days initially under section 47ZA of PACE
- Breaching bail conditions is a criminal offence
- Your solicitor can apply to vary unreasonable bail conditions
Understanding Police Bail
Police bail is a legal mechanism under the Police and Criminal Evidence Act 1984 (PACE) that allows the police to release a suspect from custody while an investigation continues. Understanding how bail works is crucial for anyone involved in the criminal justice system.
When Can Police Impose Bail?
Police can impose bail when:
- A person has been arrested but not yet charged
- The police need more time to investigate
- A person has been charged and is awaiting court appearance
Bail Conditions
Bail conditions may include requirements such as:
- Residence requirements
- Reporting to a police station at specified times
- Surrendering passports or travel documents
- Not contacting certain individuals (witnesses or co-accused)
- Curfews
- Not entering specific areas
Breaching Bail Conditions
Breaching bail conditions is a criminal offence under section 6(5) of the Bail Act 1976. Consequences can include immediate arrest, detention, and potential prosecution for the breach itself. It is essential to understand and comply with all bail conditions.
Legal Implications
If you are released on police bail, it is crucial to understand your conditions and comply with them. Seeking legal advice from an accredited police station representative can help ensure your rights are protected throughout the process. An experienced solicitor can also challenge unreasonable bail conditions if necessary.
Understanding Police Bail
Police bail is governed by the Bail Act 1976 and allows the police to release a suspect from custody while an investigation continues. Under section 47 of PACE, the police can release you on bail with or without conditions, or release you under investigation (RUI) without any bail conditions.
Pre-Charge and Post-Charge Bail
Pre-charge bail applies when you have been arrested but not yet charged. Under section 47ZA of PACE, inserted by the Policing and Crime Act 2017, pre-charge bail is limited to 28 days initially, with extensions requiring senior officer or court approval. Post-charge bail applies after you have been charged and are awaiting court.
Bail Conditions
Common bail conditions include: reporting to a police station at specified times, residing at a particular address, not contacting certain individuals such as witnesses or alleged victims, surrendering your passport, observing a curfew, and not entering specified areas. These conditions must be necessary and proportionate.
Breaching Bail Conditions
Breaching bail conditions without reasonable excuse is a criminal offence under section 6 of the Bail Act 1976. Consequences include arrest, detention, and potential prosecution. If you are struggling to comply with conditions, contact your solicitor immediately to apply for variation.
Challenging Bail Conditions
If you believe bail conditions are unreasonable or unnecessary, your solicitor can apply to have them varied or removed. This can be done by representations to the custody sergeant initially, or by application to the magistrates' court.
Further Information
For more information about police station representation and your legal rights, visit our Duty Solicitor Services page. If you have been invited for a voluntary interview, see our guide on Voluntary Interview Advice. For local services, check our Kent Police Stations guide.
Frequently Asked Questions
How long can I be on police bail?
Pre-charge bail is initially limited to 28 days under section 47ZA of PACE. Extensions require senior officer approval (up to 3 months) or court approval (beyond 3 months).
What happens if I breach my bail conditions?
You can be arrested and detained. Breach without reasonable excuse is an offence under section 6 of the Bail Act 1976. You may face additional charges and find it harder to get bail again.
Can I travel abroad while on bail?
Usually not if your passport has been surrendered as a condition. If you need to travel, your solicitor can apply to vary the conditions, but this requires good reason and court approval.
Disclaimer: This article is for general information only and does not constitute legal advice. For advice specific to your situation, contact a qualified solicitor. Legal Aid is available for police station representation regardless of your financial circumstances.
References
- Bail Act 1976, section 3
- Bail Act 1976, section 6
- Police and Criminal Evidence Act 1984, section 47
- Police and Criminal Evidence Act 1984, section 47ZA
- Policing and Crime Act 2017