Quick Answer: Police bail means you are released from custody with conditions (such as not contacting witnesses) and a return dateto come back to the station. Pre-charge bail has statutory time-limit rules under PACE and can be extended in certain circumstances.[1] If police reasonably suspect you have broken bail conditions, they can arrest you and take you back to a police station.[6]
What Is Police Bail?
Police bail (also called "pre-charge bail") is when you are released from police custody while the investigation into the alleged offence continues. Unlike unconditional release, bail comes with conditions you must follow and a date to return to the police station.
Common Bail Conditions
Bail conditions vary depending on the alleged offence but commonly include:
- Non-contact: Not contacting the alleged victim or witnesses
- Exclusion zones: Staying away from certain addresses or areas
- Residence: Living at a specified address
- Curfew: Being at home between certain hours
- Reporting: Signing on at a police station regularly
- Surrender of passport: Not leaving the country
Bail Time Limits
In England & Wales, the statutory “applicable bail period” (the key time-limit concept for pre-charge bail) is set out in PACE.[1]
- Initial limit (standard cases): 3 months beginning with the person’s bail start date (PACE s.47ZB).[1]
- Initial limit (certain designated/regulatory cases): 6 months beginning with the bail start date (PACE s.47ZB).[1]
- Extension in standard cases (up to 6 months total): A relevant officer (inspector or above) may authorise an extension where the statutory conditions are met (PACE s.47ZD).[2]
- Court extensions: A magistrates’ court can authorise extensions in the situations set out in PACE (e.g., ss.47ZF–47ZG).[3] [4]
If an application to the magistrates’ court is made in time but cannot be determined before the period ends, the bail period is treated as extended until the application is determined (PACE s.47ZJ).[5]
What Happens If You Breach Bail?
If the police reasonably suspect you have broken pre-charge bail conditions, a constable may arrest you without warrant (PACE s.46A(1A)).[6]
- You may be taken back to a police station as soon as practicable after arrest (PACE s.46A(2)).[6]
- What happens next depends on your case and the investigation (get legal advice specific to you).
Bail vs Released Under Investigation (RUI)
| Feature | Police Bail | RUI |
|---|---|---|
| Conditions | Yes – must be followed | None |
| Return date | Yes – must attend | None |
| Time limit | Statutory bail time-limit rules apply (PACE “applicable bail period”).[1] | No fixed “applicable bail period” (RUI is release without bail). |
| Breach consequences | Arrest possible if police suspect breach of bail conditions (PACE s.46A).[6] | N/A |
Challenging Bail Conditions
If you believe your bail conditions are unreasonable, you can:
- Ask the police to vary them: Make representations to the custody sergeant or investigating officer
- Apply to the magistrates' court: If the police refuse, you can apply to court to have conditions varied or removed
- Get legal representation: A solicitor can argue on your behalf
What Happens at Your Bail Date?
When you return to the police station on your bail date, several things can happen:
- Charged: You are formally charged and given a court date
- Re-bailed: Investigation continues, new return date set
- Released under investigation: Bail ends but investigation continues without conditions
- No further action: Case closed, you are free to go
- Cautioned: Given a formal warning instead of prosecution
Key Takeaways
- ✓Police bail has conditions you must follow and a return date
- ✓Initial bail lasts 28 days but can be extended
- ✓Breaching conditions can lead to arrest but isn't a separate crime
- ✓You can challenge unreasonable conditions through the courts
- ✓Bail is now used more sparingly following 2017 reforms
Frequently Asked Questions
What is police bail?
Police bail is when you are released from custody with conditions while the investigation continues. You must return to the police station on a specified date.
How long does police bail last?
Initial police bail lasts up to 28 days. It can be extended to 3 months by a superintendent, or longer with magistrates' court approval.
What happens if I breach police bail conditions?
Breaching conditions is not a criminal offence itself, but you can be arrested and brought back to the police station. You may be held in custody rather than re-released.
What is the difference between bail and RUI?
Bail has conditions and a return date. RUI has no conditions and no return date. Bail is reserved for cases where conditions are necessary.
Can I challenge police bail conditions?
Yes, you can ask the police to vary or remove conditions. If refused, you can apply to a magistrates' court. Your solicitor can make representations on your behalf.
On Police Bail?
If you're on bail and need advice about your conditions or what to expect, I can help. I provide representation at bail return dates across Kent.
Related Topics
Sources
- Police and Criminal Evidence Act 1984 (PACE) s.47ZB (applicable bail period: initial limit)—https://www.legislation.gov.uk/ukpga/1984/60/section/47ZB
- PACE s.47ZD (extension of initial limit in standard cases; relevant officer)—https://www.legislation.gov.uk/ukpga/1984/60/section/47ZD
- PACE s.47ZF (first extension by magistrates’ court)—https://www.legislation.gov.uk/ukpga/1984/60/section/47ZF
- PACE s.47ZG (subsequent extensions by magistrates’ court)—https://www.legislation.gov.uk/ukpga/1984/60/section/47ZG
- PACE s.47ZJ (late court applications; bail period treated as extended until determined)—https://www.legislation.gov.uk/ukpga/1984/60/section/47ZJ
- PACE s.46A (arrest for failure to answer bail / suspected breach of bail conditions)—https://www.legislation.gov.uk/ukpga/1984/60/section/46A
- Crown Prosecution Service (CPS) prosecution guidance: Bail—https://www.cps.gov.uk/prosecution-guidance/bail
Note: UK legislation changes. If something is urgent or unclear, get advice for your specific situation.