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...

UK immigration bail under the Immigration Act 2016 (Sch 10): powers, applications, conditions, enforcement, accommodation, variation, and case law for practitioners

Published by a LexisNexis Immigration expert

Practice notes

This Practice Note examines the power of immigration bail

This Practice Note explores immigration bail as the sole mechanism of release, effective from 15 January 2018, for individuals subject to detention and those liable to be detained under immigration powers in particular where relevant. For guidance on liability for detention and related Home Office policies, see Practice Note: Immigration detention. The purpose here is to outline immigration bail; it does not, for instance, address the inherent jurisdiction of the High Court or Court of Appeal to grant bail, nor the bail jurisdiction of the Special Immigration Appeals Commission, as detailed analysis of those subjects currently falls outside the scope of Lexis+® UK. The majority of the bail provisions in Schedule 10 to the Immigration Act 2016 (IA 2016) commenced on 15 January 2018. For details of provisions not yet in force, refer to Practice Note: Immigration Act 2016—materials. The Immigration Act 2016 (Consequential Amendments) (Immigration Bail) Regulations 2017, SI 2017/1242, took effect the same day and introduce various minor consequential changes to secondary legislation. Prior to 15 January 2018, a person examined or detained under immigration powers could be released, or granted a temporary form of status, by the Secretary...

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Ben Amunwa

The 36 Group

Ben enjoys a thriving practice in commercial, civil and public law. His advocacy is praised by Judges, opponents and clients. He is known for his exceptional client care and attention to detail in complex and urgent cases. Ben provides practical, cost-effective and punctual advice to a range of clients, including local authorities, professionals, businesses and individuals.Before coming to the Bar, Ben spent over a decade in the charity sector supporting individuals in crisis. His experience of management and media enables him to perform calmly under pressure. Clients value his accessible manner and his ability to explain difficult areas of law.Ben is the Founder and editor of Law, mostly...

Claudia Neale

Garden Court Chambers

Claudia Neale was called to the Bar in 2013 and completed her pupillage at Garden Court Chambers in 2014. She was a practising barrister from 2014-2017, specialising in immigration and asylum law. In 2018, she left the Bar to take up her current role as Legal Researcher at Garden Court Chambers. She is a co-editor of Macdonald’s Immigration Law and Practice, a contributor to Butterworths Immigration Law Service, and an assistant consultant editor for the British nationality volume of Halsbury’s Laws of England....

Web page updated on 21/05/2026

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