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Breach of bail meaning

What does Breach of bail mean?
In practice, breach of bail means non‑compliance by a person released on police or court bail—either by failing to surrender to custody at the appointed time/place or by contravening a bail condition (for example, residence, non‑contact, reporting, curfew or electronic monitoring). The term is descriptive; the relevant powers and offences are set out in statute across the UK and Ireland. Typical consequences include arrest without warrant on reasonable grounds of breach, prompt production before the court, possible revocation of bail and remand in custody, variation or tightening of conditions, and forfeiture/estreatment of recognisances or sureties. A separate prosecution for failure to surrender may follow, and offending on bail is commonly treated as an aggravating factor at sentence. Jurisdictional overview: - England & Wales: failure to surrender is a distinct offence; breaching a condition is not itself an offence but permits arrest and reconsideration of bail. - Scotland: both failure to appear and breaching bail conditions are statutory offences; offending on bail attracts statutory aggravation. - Northern Ireland: broadly aligned with England & Wales on failure to surrender and arrest powers for suspected breach. - Ireland: failure to appear is a criminal offence; breach of conditions permits arrest, variation or revocation and estreatment of recognisances.
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View the related Practice Notes about Breach of bail

PRACTICE NOTES
England and Wales: Breach of Police Bail—Pre/Post-Charge Conditions, Failure to Surrender, Street Bail, Arrest Powers and Procedure under PACE 1984 and the Bail Act 1976

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...

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PRACTICE NOTES
Police Bail in England and Wales: Pre-charge, Post-charge and Street Bail; Conditions, Variations, Applicable Bail Periods, RUI and Grounds for Refusal

Practice Note This Practice Note sets out the situations in which the police can release on bail a suspect arrested yet not charged (pre-charge bail), a suspect arrested and then charged (post-charge bail), and also an individual granted bail away from a police station (street bail). Further distinct rules and factors apply to youths; these are outside the scope of this Practice Note. For advice on putting forward representations for bail at the police station, please see Practice Note: How to make representations for bail at the police station. For breaches of bail or of bail conditions, consult Practice Note: Breach of police bail. For details about the time limits applicable to police bail, refer to Practice Note: Applicable bail period. The legal framework and processes for police bail are set by the Police and Criminal Evidence Act 1984 (PACE 1984) and the Bail Act 1976 (BA 1976)...

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PRACTICE NOTES
Court Bail Conditions in England and Wales: Securities, Sureties, Electronic Monitoring, Forfeiture and Procedure

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: ...

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View the related UK Parliament Acts about Breach of bail

UK PARLIAMENT ACTS
[37C Breach of bail following release under section 37(7)(a)]

[(1)     This section applies where—(a)     a person released on bail under section 37(7)(a) above or subsection (2)(b) below is arrested under section 46A below in respect of that bail, and(b)     at the time of his detention following that arrest at the police station mentioned in section 46A(2) below, notice under section 37B(4) above has not been given.(2)     The person arrested—(a)     shall be charged, or(b)     shall be released without charge, either on bail or without bail.(3)     The decision as to how a person is to be dealt with under

UK PARLIAMENT ACTS
[37CA Breach of bail following release under] [section 37(7)(c)]

[(1)     This section applies where a person released on bail under section 37(7)(b) [section 37(7)(c)] above or subsection (2)(b) below—(a)     is arrested under section 46A below in respect of that bail, and(b)     is being detained following that arrest at the police station mentioned in section 46A(2) below.(2)     The person arrested—(a)     shall be charged, or(b)     shall be released without charge[—(i)     without bail unless the pre-conditions for bail are satisfied, or(ii)     on bail if those pre-conditions are satisfied].(3)     The decision as to how a person is to be dealt