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Can you Leave the Country on Bail or with a Pending Case?

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If you are on bail or have a pending court case in the UK, you may be wondering whether you can leave the country.

This can be a complex issue, as bail conditions and court orders often include specific restrictions on travel. Understanding your rights and any limitations is essential to avoid breaching these conditions, which could lead to serious consequences.

In the following article, we explain how bail conditions, court orders, and other factors can affect your ability to leave the country while on bail or with a pending case.

Please note that the following article is for informational purposes only and should not be considered legal advice. If you need legal support with leaving the country on bail, please get in touch, and our team can advise you.

Can you leave the country on bail or in a pending court case in the UK?

Being on police or court bail does not automatically stop you from travelling abroad. However, specific bail conditions may restrict your ability to leave the UK.

Depending on your circumstances, you may be required to surrender your passport, remain at a particular address overnight, or avoid contact with certain individuals.

Some bail conditions might permit travel abroad, but only for a set period or to approved destinations. In other cases, foreign travel may be completely prohibited.

If you are on bail or facing a pending court case, it is important to speak to a specialist solicitor to clarify your situation before arranging any travel.

What restrictions are there on going abroad whilst on bail or in a pending case?

Common bail restrictions for travel include:

  • No travel outside of the UK, which may involve surrendering your passport.
  • A requirement to sleep at a specific address each night, which would prevent you from travelling abroad.
  • A requirement to attend a police station at regular intervals, which would prevent you from travelling abroad.

If your bail conditions do not expressly prohibit any travel, they may have the following restrictions:

  • Only being able to travel for a certain period of time.
  • Not being able to visit specific countries.
  • Not being able to travel with certain individuals.
  • Reporting your location at specific times.

Consulting with a specialist solicitor and your bail officer on the conditions of your bail is advised before attempting to leave the country with a pending case.

Can you request to go abroad if you're on bail or in a pending court case?

Yes, you can request to go abroad while on bail or awaiting trial, but you must apply to have your bail conditions varied.

It is strongly recommended that this request is made through your solicitor, who can present a clear and well-supported case on your behalf.

It is also important to note that you are more likely to succeed in filing a request to travel abroad if you have complied with your bail conditions over a period of time.

If you are on police bail, your solicitor will apply to the police first, with the option to appeal to the Magistrates’ Court if refused. For court bail, any variation must be approved by the court.

What factors influence your ability to travel abroad?

Type and seriousness of offence

The type and seriousness of your offence can have a significant impact on whether you are allowed to leave the country on bail or with a pending case.

For more serious offences, such as those involving violence, drugs, or risk to the public, bail conditions are often stricter, and travelling abroad is frequently prohibited.

Courts and the police may view international travel as a flight risk, particularly where a custodial sentence is likely.

In less serious cases, travel may be permitted, but you must still comply with all bail conditions.

Bail conditions and court orders

Bail conditions and court orders can significantly restrict your ability to travel abroad while on bail or with a pending case.

You may be required to surrender your passport, remain at a specific address, or report regularly to a police station. Some conditions explicitly prohibit international travel, while others may allow limited travel under strict terms. Breaching these conditions can result in arrest or further charges.

Even if travel is not outright banned, you must get permission from the police or court before going on holiday on bail.

It is essential to seek legal advice to understand what your conditions allow and avoid serious consequences.

Perceived flight risk

If the authorities believe you pose a flight risk, your ability to travel abroad while on bail or with a pending case may be significantly restricted.

Factors such as the seriousness of the charges, previous failures to attend court, or limited ties to the UK can all influence this assessment.

If you are seen as likely to abscond, your bail conditions may include surrendering your passport, a complete ban on foreign travel, or even refusal of bail altogether.

Courts and police take flight risk seriously, so it is important to comply with all conditions and seek early legal advice to protect your position.

What happens if you leave without permission?

Leaving the UK without permission while on bail or with a pending case is a serious breach of bail conditions.

Doing so can lead to immediate arrest, the loss of any bail sureties, and a much lower chance of being granted bail again.

You may also face additional charges, such as failing to surrender to custody, which could result in a custodial sentence.

If you have travelled without authorisation, the court is likely to view this as an attempt to evade justice. It is important to comply with all bail conditions and seek legal advice before planning any form of travel.

To find out more in relation to pre-charge bail and release under investigation, please use the links provided below:

Related offences

We also provide support and guidance on various other matters that are related to leaving the country on bail, including:

Fees and funding

We are always clear and upfront when it comes to legal fees.

If you are required to attend court, you may be eligible for Legal Aid. Whether you can access Legal Aid will depend on whether the grant of public funding is justified on a means and interest of justice basis.

Where you do not qualify for Legal Aid, the alternative will be to fund the case on a private basis.       

To find out more about the way we handle fees (both Legal Aid and private fees), please use the links provided below:

Contact our bail solicitors today

If you are due to attend the police station, require any urgent specialist advice, or immediate representation, please do not hesitate to get in touch.

You can contact our dedicated bail solicitors in London, Birmingham, and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

24/7 legal representation

For immediate representation and advice, you can contact our Emergency Number: 07836 577 556, and we will provide a prompt, friendly response.