Released on Bail
Are you subject to unjust bail conditions which are restricting your day-to-day life
and relationships? Our team are here to ensure your bail conditions are lawful, giving you the
ability to continue your life as normally as possible.
Arrested and Released on Bail
If you have been accused of a sexual offence or domestic abuse and interviewed by the police then you are likely to have been released on pre- charge bail whilst the investigation continues.
Pre-charge bail is a set of conditions which are placed on a suspect who is under police investigation. Being on police bail means that you will be legally required to attend back at the police station on a specific date at a certain time, and you must comply with the conditions of your bail during the applicable period.
Being on pre-charge bail can be difficult, depending on your conditions you could be restricted from living at your family home, caring for your children, attending a particular location and/or carrying out your employment for significant period of time, the impact this can have on relationships and your wellbeing must not be underestimated.
It can often feel that you are being punished before there has even been any evidence established to prove that an offence has been committed. Knowing exactly what to expect during your period of police bail, and your rights whilst under police investigation is important. Our specialist team can assist you in navigating this incredibly difficult and frightening time.
Contact Us
How Long Can The Police Keep Me On Bail?
Bail time limits can be confusing. Following a change to legislation in October 2022 the police can now bail a suspect initially for a period of 3 months to allow them to investigate the alleged offence, prior to October 2022 this time period was 28 days.
Should there be a further period of time required for the police to investigate then the 3 month period can be extended by a senior officer for a time period of up to 6 months in the first instance and then 9 months if required.
Further extensions must be authorised by a magistrates court by way of an application made by the police setting out the reasons why an extension is required.
The police must inform you or your solicitors of their intention to do this and give you an opportunity to respond to the application with any objections you have to the extension.
If we are acting for you we will ensure your bail is firstly lawful, the conditions are necessary and that any extensions are properly considered and opposed where possible.
Unlocking Freedom: Experts in challenging restrictive bail conditions
| Calendar Month | Pre Charge Bail Period |
|---|---|
| 1 - 3 | Initial bail period authorised by the custody sergeant. |
| 4 - 6 | 1st bail extension - authorised by the police inspector |
| 6-9 | 2nd bail extension - authorised by police superintendent |
| 9-12 | 3rd bail extension - authorised by the Magistrates Court |
| 12-15 | 4th bail extension - authorised by the magistrates court |
Pre Charge Bail - Frequently Asked Questions
How many times can the Magistrates Court extend my bail?
The magistrates court are given flexibility when it comes to extending a suspects bail period. Their extensions can take a bail period up to anywhere from and between 12, 18 or 24 months.
Does this mean my case can go on for too long?
Regardless of how long your bail is extended for, the police must still be carrying out their investigation diligently and expeditiously. When an application is made by the police to the Magistrates Court they are required to explain what work has been carried out and the timeframe in which this has been done. They must also explain what further work is required, and justify any delays that have occurred. Where the investigation is not being carried out expeditiously, and the police have no reason for the delay in their investigation, you may have grounds to challenge the extension.
Can I go on holiday if I am on police bail?
This depends on your conditions, some conditions such as a live and sleep condition or reporting condition would restrict your ability to go on holiday whilst you are subject to pre-charge bail unless the condition is varied. Our team regularly make successful representations for variation of pre-charge bail to allow our client's to live as normal a life as possible whilst the investigation is ongoing, this means allowing you to go on holiday.
Will my bail show on a DBS check?
A basic or standard DBS check would not show that you have been released on pre-charge bail, however it may show an an enhanced DBS check. However, in some instances the police may feel it necessary to disclose the information regarding your arrest and their investigation to your employer and it depends on the job you do, the nature of the offence and whether the police believe that you pose a risk when carrying out your employment.
The police will usually inform you or your lawyers when they are intending to make disclosures, this is to give you the opportunity to provide representations to say why the information regarding the investigation and your pre-charge bail should not be disclosed.
Can I challenge my bail conditions?
Yes, you can apply to vary your conditions however you must have grounds to do so. Bail conditions must be necessary to meet a specific aim such a protecting a member or particular group of the public, and they must be proportionate. The first step would be to seek an agreement with the officer in charge of your case to see whether the police will vary, amend or remove the particular bail condition in question. If the police do not agree to the variation then you can make an application to the Magistrates Court.
When an application to vary bail is received by the court the case will be listed for a hearing where both the police/CPS and defence lawyers will attend to give oral arguments as to why bail should or should not be varied.
At Eventum Legal we often see conditions which are not proportionate to the alleged offence, making them unjust. As part of our pre-charge engagement we will ensure all of the conditions placed on you are lawful, and where you have grounds to challenge your bail conditions we will guide you through the process in doing so.
If I am charged with an offence will my conditions remain in place?
Yes, if you were subject to pre charge bail then the conditions will remain in place following a charging decision and will be confirmed by the court at all hearings that apply to your case. You can still challenge bail conditions and apply for variation when you have been charged and you can speak to your legal team about making an application to do this.
Indecent Image Offences and Pre-Charge Bail
The most common bail conditions which we face when representing clients who are suspects in cases concerning indecent images of children, are the conditions that restrict their home life; their ability to live at their home, and have contact unsupervised with their own children.
We are experts in challenging restrictive conditions in such cases, advancing legal arguments to say prohibitions relating to contact during an investigation of a non-contact offence are neither necessary or proportionate, and we have a 100% success rate in achieving the removal of such conditions, in turn enabling families to continue their lives as normally as possible.
The Difference Between Pre-Charge Bail and Released Under Investigation
Not all suspects of a criminal offence will be released on bail, in some instances a suspect can be released from custody without bail conditions this is known as being released under investigation. It is important to be aware that although there is no bail, or conditions the accused is still under police investigation.
How Eventum Legal Can Help You
At Eventum Legal we are not afraid to challenge external factors which impact our client's case. We therefore will seek to ensure that any bail conditions imposed are lawful, necessary, fair and ultimately allow our client to continue life as normally as possible whilst under investigation.
If you would like to discuss how bail is affecting you and your case and require an application to be made for the variation of bail then speak to one of our specialist lawyers who will guide you through the process and provide honest and realistic advice.
