Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Bail definition

What does Bail mean? Bail is the release of a suspect or defendant from police or court custody, usually on conditions, while a criminal case is investigated, prosecuted or sentence is awaited. It keeps the person at liberty pending charge, trial, appeal or sentence, subject to a duty to surrender to custody and comply with any conditions. In England and Wales, bail is principally governed by the Bail Act 1976 and PACE 1984. There is a statutory presumption in favour of bail unless there is a substantial risk of failing to surrender, committing further offences, interfering with witnesses or otherwise perverting the course of...

Bail applications and condition variations: CrimPR 2025 procedure, content and time limits in the magistrates’ court and Crown Court (England and Wales)

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Practice notes

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, the parties ought to address the likely sentencing outcome, including whether a suspended sentence order would be a realistic disposal overall...

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Web page updated on 21/05/2026

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