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Bail

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What you will find on this page.

What is Bail?
What are Bail conditions?
What does it mean if I am released under investigation (RUI)?
How long will being released under investigation be for, and how will it affect me?
Why would I not be offered bail?

What is Bail 

Bail is the conditional release of a suspect with the promise to return to the police station or to attend court on a specific date.

 

Quite often the police will release you before a charge has been made (police bail), to make further enquiries or hold insufficient evidence against you. When this happens, you must return back to the police station on the time and date agreed. 

 

If you are charged for an offence you will be given a charge sheet explaining your offence and told if you will be bailed (court bail) or kept in police custody until you are taken to court for your hearing.

What are Bail conditions?

The police will assess each individual case for bail and decide on which restrictions to apply if bail is granted; they can impose conditions such as:

 

  • not to contact named witnesses, co-offenders or victims

  • not to enter specific areas

  • having to report to the police station, daily weekly or monthly

  • curfew

  • having to reside at a certain address

  • giving your passport to the police so you can’t leave the UK

  • electronic monitoring requirements. (credit for period of remand on bail with an electronic tag).

 

If you breach any of the conditions set or fail to appear in court, you may be rearrested and be charged under the Bail Act 1976 also meaning that you're remanded into custody until your trial begins. Once you have this offence on your record it's possible future bail applications will be revoked and, depending on how serious the breach is, may result in you staying in prison on remand until the court case has finished. 

Remember: If you are refused bail and you have been arrested on a Friday you may attend Saturday court, or you may have to wait until the next available date which will usually be a Monday, (except for bank holidays).

What does it mean if I am released under investigation (RUI)?

Being released under investigation (RUI) is different from being released on bail.

There is no fixed date when you are required to return to the police station as the investigation is ongoing and you will be notified of its eventual outcome by post.

 

When you are being released from the police station, the Custody Sergeant at the desk will advise you that you are being released under further investigation and one of three outcomes will occur:

 

  1. You will receive a letter telling you that there will be no further action, meaning there isn’t enough evidence to charge you and you’re free to move on; or

  2. You will receive a letter advising you there has been further evidence and they will need to re-interview you. You will be sent a letter inviting you to be re-interviewed; or 

  3. You will receive a letter advising you that you are being charged, and giving you the date that you are to appear in Magistrates’ Court.

How long will being released under investigation be for, and how will it affect me?

Being a suspect means you may be left with uncertainty for long periods of time. The London Criminal Courts Solicitors’ Association reported that in a sample of 109 RUI cases, more than 69 had been ongoing for between 18 months and two years.

 

As there is no time limit on the ‘RUI’ procedure, you could be waiting a day or you could be waiting years to hear a decision. During this time the police are not obliged to get in touch with or update you, and this can be traumatizing. You may feel like your life is in limbo awaiting the decision by post. This can put a huge strain on your mental health, and impact your family relationships, your employment, and affect your reputation. 

 

There is good news ahead; legislation will be introduced to end a presumption against bail, which the government says will reduce the number of suspects languishing in legal limbo while released under investigation.

 

Need help? If you are experiencing emotional distress or difficulties due to RUI and need to speak to someone please feel free to contact us using our contact page. 

Why would I not be offered bail?

You're unlikely to be given bail if:

 

  • You are charged with a serious offence, such as attempted murder

  • Officers may think you may commit a crime while on bail

  • You have been previously convicted of a serious crime

  • Officers may think that you will not turn up for your court hearing

  • You have been given bail in the past and not stuck to the terms


 

You can find out more about being granted bail by visiting the government’s website.

Remember we are always here to help, do contact us if you have any queries or existing fears of  the bail process.

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