Legal issues
The right to bail
Bail Act 1976, section 4, with the exceptions in Schedule 1. The court must consider the nature of the offence, your record, community ties and the strength of the evidence. Since 22 March 2026 the factors also include pregnancy, being a primary carer and having been a victim of domestic abuse.
No real prospect of immediate custody
Where there is no real prospect of an immediate custodial sentence, the court generally cannot refuse bail on the grounds that you would fail to surrender, commit offences or interfere with witnesses, subject to exceptions including some domestic abuse cases. Since 22 March 2026 the test refers to immediate custody, reflecting the new presumption that short sentences are suspended. Electronic monitoring can also be used where a suspended sentence is realistic.
Applications
You are entitled to make full argument on bail at the first hearing and at one further hearing. After that the court need not hear arguments it has heard before, unless circumstances change. Refusal by magistrates can be challenged by application to the Crown Court.
Breach and failing to surrender
- Breach of conditions (section 7): arrest and production before the court, usually within 24 hours.
- Failing to surrender (section 6): an offence in its own right.
Evidence that matters
A strong bail application is built on evidence: a confirmed address, a surety, employment, caring responsibilities and a workable package of conditions.
Reasonable lines of enquiry
Before a bail hearing
- Confirm the address where you would live and who lives there.
- Identify anyone willing to stand as a surety.
- Propose conditions that meet the prosecution's concerns.
What happens next
If remanded in custody, you will be brought back regularly and custody time limits apply to how long you can be held before trial. Conditions can be varied by application to the court.
Immediate steps
- Read your bail conditions and keep a copy.
- Never miss a court date; contact your solicitor if you cannot attend.
- If a condition is unworkable, apply to vary it rather than breaking it.
What should you send us?
Send the charge sheet, current conditions, court dates and details of any proposed address or surety.