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

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Practice notes

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 decision for the original offence. See Practice Note: Custody time limits...

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Web page updated on 21/05/2026

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