A Comprehensive Guide to Pre-Charge Bail

When an individual suspected of criminal activity has been taken into custody by the police, but the available evidence is deemed insufficient at that point to charge an offence, it may be necessary to release that individual from custody subject to one or more activity restrictions.

Following the arrest of a suspect, the police must decide their next course of action which is likely to be:

• release without any further action,

• release under investigation without any conditions being imposed,

• charge with a criminal offence resulting in continued remand or release on post-charge bail,

• release on pre-charge bail without conditions,

• release on pre-charge bail which will impose specific conditions whilst the investigation proceeds.

Pre-charge bail does not necessarily mean that the police will charge in the future but that they require more time in which to conduct their investigations. The imposition of conditions to bail may help protect victims or witnesses, preserve evidence and mitigate the risk of further criminality.

Mohammed Ahmed of KANGS explains pre-charge bail generally.

Circumstances Where Pre-Charge Bail May Be Imposed

When there is insufficient evidence to charge a suspect and release is granted pending further investigation, the Police and Criminal Evidence Act 1984 (‘PACE’) provides:

S.34 Limitations on police detention

(2) if at any time a custody officer:

• becomes aware, in relation to any person in police detention, that the grounds for the detention of that person have ceased to apply and

• is not aware of any other grounds on which the continued detention of that person could be justified

it shall be the duty of the custody officer, with exception where that person appears to have been unlawfully at large, to order his immediate release from custody.

(5) A person whose release is ordered under (2) above must be released on bail if it appears to the custody officer that:

• there is need for further investigation of any matter in connection with which the person was detained at any time during the period of the person’s detention or

• in respect of any such matter, proceedings may be taken against the person or the person may be given a youth caution
• and

• the pre-conditions for bail are satisfied.

S.37 Duties of custody officer before charge

(7) If the custody officer determines that he has before him sufficient evidence to charge the person arrested with the offence for which he was arrested, the person arrested shall be:

• released without charge and on bail or

• kept in police detention

for the purpose of enabling the Director of Public Prosecutions to make a decision.

Pre-charge Bail Conditions

Before a suspect can be released on pre-charge bail, in order to ensure that it is appropriate, the release has to be:

• ‘necessary and proportionate,’ taking into account any conditions of bail that are being proposed and

• authorised by a custody officer – who must also take into account any representations made by the suspect and/or their legal representative.

Determining ‘necessary and proportionate.’

When determining the pre-conditions for pre-charge bail, custody officers must:

• ensure the suspect surrenders to custody,

• prevent offending by the suspect,

• safeguard victims of crime and witnesses – taking into account their vulnerabilities and the offence for which the suspect has been arrested,

• safeguard the suspect taking into account any vulnerabilities,

• manage risks to the public.

Police cannot impose conditions on pre-charge bail to:

• reside at a bail hostel,

• attend an interview with a legal representative,

• make the suspect available for enquiries and reports,

• avail themselves to electronic monitoring.

Examples of potential conditions include preventing contact, either directly or indirectly with:

• the complainant,

• the complainant’s family,

• witnesses,

• any co-defendants.

The conditions may:

• prevent attendance at a particular address or area,

• require residence and sleeping at a specified address,

• prevent unsupervised contact with certain groups, such as children,

• impose reporting requirements to the police,

• prevent travel outside the United Kingdom.

The reasons behind all imposed bail conditions should be noted and recorded in the custody record.

Breach of Bail Conditions

Breaching pre-charge bail conditions does not constitute a criminal offence in itself. However, police officers are encouraged to arrest anyone who breach these conditions to deter those who may otherwise believe that there is no consequence to breaching bail conditions.

Section 46A(1A) of PACE gives a constable the authority to arrest, without warrant, any person who fails to attend a police station at the appointed time or where there are reasonable grounds to suspect that pre-charge bail conditions have been broken.

Pre-Charge Bail Time Limits

The custody officer can impose a period of three months bail. At the point of bail, an Officer ranked not below an Inspector can extend it by a further three months, thereby increasing the bail period up to six months.

The six months period can then be extended by a further three months by an Officer not below the rank of Superintendent, resulting in a maximum duration of nine months.

After this maximum bail period of nine months, the Police must apply to attend the Magistrates’ Court to seek any further extension of pre-charge bail that is considered necessary. Such Application will normally be submitted administratively but must go before the Magistrates at this stage.

Variation of Pre-charge Bail Conditions

Pre-charge bail conditions may be varied, upon application by the individual concerned, or by the custody officer who imposed them or by another officer stationed at the same police station.

While there is no prescribed statutory procedure, it is customary for the police to require that any request for variation is made in writing.

Alternatively, an application for variation may be made to the Magistrates' Court by virtue of section 47(1E) of PACE and Part 14 of the Criminal Procedure Rules 2025.

How Can We Help?

If you have been arrested for any alleged criminal offence, or anticipate that you may be, obtaining prompt experienced guidance and support is crucial.

At KANGS our experienced team of lawyers is accustomed to assisting clients charged with alleged criminal activity, liaising with Police Officers with regard to arranging attendance at interviews and arranging bail.

We can assist you by providing guidance and support regarding pre-charge bail conditions. If you are subject to such conditions and they are causing significant difficulties, such as affecting your employment, education, or living arrangements, we can advise you on how to request a variation.

We can help you understand the procedures involved, assist with preparing your request or application, and represent your interests to ensure the best possible outcome. If we can be of assistance, please do not hesitate to contact a member of our team who will be delighted to assist.

Tel:       0333 370 4333

Email: info@kangssolicitors.co.uk

We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.

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