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This Practice Note addresses breaches of police bail conditions and failures to attend the police station or court following release on bail from the police station. For general guidance on police bail, see Practice Notes: Police bail, Applicable bail period and How to make representations for bail at the police station. Breach of pre-charge bail conditions Where a police officer has reasonable grounds to believe that pre-charge bail conditions have been broken, they may arrest the suspect without a warrant. However, breaching a pre-charge bail condition is not, in itself, a criminal offence. Once in detention, a decision must be taken on whether to charge the suspect with the offence for which they were originally bailed, or whether to re-release them on bail. On return to the police station, the PACE 1984 clock (the 24-hour detention period) continues from the point at which the suspect was last in custody. An additional three hours are added to the clock to allow the police further time to obtain a charging...
Conditions of bail This Practice Note sets out when bail may carry conditions and summarises typical measures, including securities and sureties. For guidance on breaches, see Practice Note: Absconding and breach of bail conditions in criminal court proceedings. A defendant granted bail by the court may have to observe conditions both prior to and following release. The Bail Act 1976 (BA 1976) identifies some potential conditions, but the list is not comprehensive. See also: Court bail application—checklist. No condition should be attached unless the court deems it necessary to ensure the defendant: appears at court does not commit offences whilst on bail does not interfere with witnesses or impede the course of justice co-operates with preparation of pre-sentence reports attends meetings with their legal representatives Commonly imposed conditions include: Before release: surrender of passport or other travel documents to the police provision of a security or sureties After release: ...
Practice Note This Practice Note outlines how to pursue bail applications in the magistrates’ court or the Crown Court in England and Wales, and how to seek variations to bail conditions in either court. For guidance on applications concerning pre-charge bail in England and Wales, see Practice Note: Police bail. The Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Pt 14 set out a detailed comprehensive procedural framework for bail applications, encompassing requests to vary bail conditions, and operates as a comprehensive procedural code. Under CrimPR 2025, SI 2025/909, r 14.5, the prosecutor must give the court and the defendant all information in their possession that is material to the court’s decision. When deciding what is material, the parties must have regard to BA 1976. In particular, the court is required to consider whether there is a real prospect that the defendant will receive an immediate custodial sentence. Where an immediate custodial sentence seems improbable, there is less basis for ordering the defendant to be remanded in custody. Consequently,...