What is bail and what conditions can police impose in England and Wales?

Bail is the legal mechanism by which a person is released from custody either pending further investigation (pre-charge bail) or pending a court appearance (post-charge bail). The Policing and Crime Act 2017 and the Police, Crime, Sentencing and Courts Act 2022 made significant changes to the police bail regime.

Pre-charge bail is bail granted when you have been arrested but not yet charged. Under the current framework (as amended by the Police, Crime, Sentencing and Courts Act 2022), the initial period of pre-charge bail is 3 months, though this can be extended by an inspector to six months, then by a superintendent to nine months, and then by a magistrates' court beyond that. There are also time limits on how long investigations can last before police must either charge, release on bail, or release without conditions.

Bail conditions are restrictions attached to release. Common conditions include: a requirement to live at a specified address, a curfew requiring you to remain at that address during specified hours, a prohibition on contacting specified persons, a prohibition on entering a specified area, and a requirement to report to a police station at regular intervals.

Conditions can only be imposed where the police have grounds to believe that without them the person would fail to surrender, would commit further offences, or would interfere with witnesses. Conditions must be proportionate. Onerous or disproportionate conditions can be challenged by applying to the custody officer or, where appropriate, to the magistrates court.

Breaching pre-charge police bail conditions is not itself a criminal offence, but you can be arrested under PACE s.46A for failing to surrender to custody. Only absconding from court bail is a criminal offence under section 6 of the Bail Act 1976. If you are arrested for breach of bail, you can be held in custody. If you cannot meet a bail condition (for example, if you cannot move to a different address), you should seek legal advice and consider applying for a variation.

Unconditional release means you are free to go without any restrictions. You are not required to return unless the police contact you again.

Key Points

• Pre-charge bail is granted when you have been arrested but not yet charged
• The initial pre-charge bail period is 3 months, extendable by an inspector to six months, then by a superintendent to nine months, then by a magistrates' court beyond that
• Bail conditions can restrict your address, movements, contacts, and require regular reporting
• Conditions can only be imposed if they are necessary to prevent failure to surrender, further offences, or witness interference
• Disproportionate conditions can be challenged at the custody officer or magistrates court level
• Breaching pre-charge police bail conditions is not itself a criminal offence, but can lead to arrest under PACE s.46A (only absconding from court bail is an offence under the Bail Act 1976)
• Unconditional release means you have no restrictions and no obligation to return unless contacted
• You should seek legal advice before agreeing to bail conditions