Pre-charge bail

Custody

A release from custody subject to conditions or an obligation to return to the police station. Under the Policing and Crime Act 2017 (as amended by the Police, Crime, Sentencing and Courts Act 2022), pre-charge bail is now the default option only where it is necessary and proportionate. Initial bail is limited to 28 days; extensions require superintendent authorisation and, ultimately, magistrates' court approval.

In practice

Where pre-charge bail is not necessary, a suspect must be released without bail or under released under investigation (RUI). Bail conditions may include a curfew, a prohibition on contacting named persons, or a requirement to surrender a passport. Breach of pre-charge police bail conditions is not itself a criminal offence, but the person can be arrested under PACE s.46A for failing to answer bail. Only absconding from court bail is a criminal offence under section 6 of the Bail Act 1976.

Related terms

Charge
NFA
Out of court disposal
Custody officer

Last updated 12 October 2026