Police bail

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Following a person’s arrest as part of a criminal investigation, there are several available outcomes:

  1. •

    released with no further action taken

  2. •

    released with an out of court disposal (such as caution or community resolution)

  3. •

    released on pre-charge bail

  4. •

    released under investigation

  5. •

    released on post-charge bail

  6. •

    charged and refused bail

Police bail, whether pre- or post-charge and with or without bail conditions, imposes restrictions on an individual’s liberty. It is therefore essential that where police bail is imposed, it is done so in accordance with the law.

Decisions relating to police bail are governed by the Police and Criminal Evidence Act 1984 (PACE 1984) and the Bail Act 1976 (BA 1976).

The granting of bail pursuant to BA 1976, s 1 applies to a person who is under arrest for an offence (BA 1976, s 1(1)(b)).

Pre-charge bail

Pre-charge bail is authorised by a custody officer.

A suspect can be released on pre-charge police bail if the pre-conditions set out in PACE 1984, s 50A(2) apply:

  1. •

    it is necessary and proportionate to grant bail, and

  2. •

    any

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