Police Bail: Pre-Charge and Post-Charge

Police bail is the mechanism by which a person is released from custody with an obligation to return to the police station or attend court at a specified date. The law on police bail was significantly reformed by the Policing and Crime Act 2017, which introduced time limits on pre-charge bail following concerns that suspects were being left on bail for months or years with restrictive conditions.

Pre-charge bail (bail before a charging decision) is governed by Part IV of PACE 1984, as amended. The initial bail period is 3 months from the date of arrest (since PCSC Act 2022). A superintendent may extend this to six months. Any further extensions require the approval of a magistrates' court, which may authorise extensions beyond six months and (in exceptional cases involving designated offences) up to 12 months. The reforms were designed to prevent suspects remaining on bail indefinitely, which was causing significant hardship.

If a suspect is released before charge without being placed on bail, they are "released under investigation" (RUI). RUI imposes no time limit and no conditions on the suspect: they are simply told that enquiries are continuing and they may be contacted again. The widespread use of RUI since the 2017 reforms has been criticised by victims' groups and police, as it provides no safeguards for victims (such as non-contact conditions) and no certainty for suspects about when their case will be concluded.

Post-charge bail is bail granted by the custody officer after charge, requiring the defendant to attend the magistrates' court. The custody officer may impose conditions on post-charge bail under section 47(1A) of PACE. Common conditions include: residence at a specified address, curfew, reporting to a police station, non-contact with witnesses or victims, and surrender of travel documents. Breach of post-charge bail conditions is not a criminal offence, but the person may be arrested and brought before a court. The Bail Act 1976 governs bail decisions by courts after first appearance.