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Crime

Changing and Lifting Bail Conditions

If you are suspected of committing a criminal offence, the police may decide to release you on bail. Bail often comes with certain conditions which are overly strict or simply unjust. Contesting or lifting these bail conditions can be possible with the support of our expert criminal defence solicitors.

We are Specialist Solicitors with experience of delaing with varying and lifting Pre Charge Police Bail Conditions. 

 

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Where you believe that the conditions of bail in your case are not proportionate or reasonable, our solicitors can advise you on your options and provide practical advice on how best to proceed which includes making an application to the Police to alter or lift bail or your local magistrate court. 

We can represent you at court to oppose the Police Station's application to extend your bail beyond 9 months. 

At JD Spicer Zeb, our specialist criminal defence solicitors have substantial experience in handling a wide range of criminal cases, including those where bail conditions have been unfairly imposed. We have established a strong reputation for providing the highest standard of legal representation, no matter the surrounding circumstances. 

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Why choose JD Spicer Zeb?

  • 1000's Cases Dropped
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  • 100's Years Combined Experience
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When instructed, our solicitors will provide bespoke support in relation to changing or lifting the conditions of bail you have been served with, advising you on the steps that need to be taken to ensure a successful outcome.

Our vast experience with the criminal justice system means that you can be confident your case will be in the safest pair of hands. Our advice will be clear, straightforward and jargon free, ensuring you have the necessary level of support to help you through what is likely to be a very difficult time.


How can we help?

Common questions

We always work with the most experienced and best leading UK barristers, KCs (Kings Counsel). We cover all criminal cases 24/7 at the police station and court. Offices in London, Birmingham, and Manchester cover cases across England and Wales. We can offer Legal Aid and affordable Private fee agreements. We can see you the same day, including virtually. Our Senior Partners supervise all of our cases.

How quickly do you respond?

We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.

Can you get cases dropped?

Yes, read about the recent cases we've helped our clients with here.

We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you. 

Have you won any awards?

OUR PROFESSIONAL BODY THE LAW SOCIETY AWARDED US IN OCTOBER 2020 WITH THE EXCELLENCE IN CLIENT SERVICE AWARD AND STATED - 

"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".

Do you offer free consultations?

Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about  –

  • Whether we can take the case on and our relevant experience.
  • Public and private funding benefits.
  • Assistance in applying for legal aid where we are likely to accept instructions.
  • An outline of options in police interview only. We will not advise you on which option to adopt.
  • Providing our free written guide explaining the police station process.
  • The gravity of routine and day-to-day offences you face.
  • Consequences of not attending the court or police station.
  • Consequences of interfering with any witnesses.
  • Retaining any evidence in support of your case.
  • If possible an outline of the elements of the offence that the police or CPS must prove.
  • This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
  • Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.

Consultations do not apply to the following cases –

  • If we do not intend to take the case on.
  • Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
  • In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
  • Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
  • The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
  • The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
  • In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
  • If your relationship has broken down with your existing solicitor or several solicitors.
  • If you have been released under investigation and have already had a police station attendance. 
  • If you hold legal aid with another firm and seek a second opinion.
  • If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
  • To businesses.
  • Advising whether you were given good advice by your other solicitor.
  • Whether to decide to plead guilty or not guilty.
  • Whether you have an arguable defence in law or factually complicated defences.
  • Any advice you have had after your first court appearance.
  • Any advice on appeal on conviction or sentence.
  • If we feel we are unable to communicate with you.
  • If we are likely to be conflicted or breach our professional rules.

Our criminal defence solicitors offer:

  • 24/7 legal support in person and over the phone, 365 days a year
  • Representation anywhere in England or Wales
  • Accredited Police Station Representatives to support you during a police interview
  • Clear, effective legal advice in any language (see our languages spoken)

If you have been released on pre-charge bail and you are concerned that the conditions imposed are unfair, please get in touch with our specialist criminal defence solicitors as soon as possible to discuss your situation further.

Speak to our bail condition solicitors now

For a free initial consultation on your legal position and the available options, please call 0207 624 7771.

For urgent advice at any time of day or night, please call our Emergency Number 07836 577 556.

You can also email: solicitors@jdspicer.co.uk or fill out our quick online enquiry form and we will get back to you quickly.

Why choose JD Spicer Zeb’s conditions of bail solicitors?

No matter what offence you are being investigated for, if you are placed on bail with conditions, said conditions should always be fair and proportionate. If they are not, it is imperative that you receive prompt advice from criminal defence solicitors with experience in handling conditions of bail as soon as possible.

If the police have placed you on pre-charge bail, our dedicated team of solicitors will be on hand to represent your best interests, bringing forward a challenge to the conditions where it is appropriate or necessary to do so.

Being placed on pre-charge bail has the potential to severely limit your freedom, which highlights the importance of receiving prompt advice about your options moving forward.

When instructed, our team can support you with making an application to the Magistrates’ to vary the conditions on your bail. Our advice will prove crucial at this stage, as the courts also have the power to impose stricter conditions where they see fit.

We can also be by your side to lend our support if you wish to challenge the decision made by the Magistrates’, taking a robust case through to the Crown Court where required.

As a testament to our commitment to client care and focus, much of our work comes from referrals and recommendations from previous clients who have been satisfied with the work we have delivered.

Common questions about police bail in the UK

What is bail?

Bail, also referred to as pre-charge bail, means that the police have released someone they are investigating in order to gather further evidence before they make a final charging decision.

Bail is usually granted by a police officer following an arrest or after a voluntary interview has taken place at the police station.

The initial bail period is three months, following a change to the legislation in 2022. Under Schedule 4 of the Police, Crime, Sentencing and Courts Act 2022 Standard bail can be extended to six months, and then to nine months by a Superintendent. If the police wish to extend bail any further, this needs to be done through the Magistrates’ Court.

The changes in legislation were introduced to encourage the use of pre-charge bail wherever it is ‘necessary and appropriate’ to do so, and to reduce the number of suspects who are released under investigation.

What are bail conditions?

Bail conditions are usually imposed by the police when they consider the prospect of granting unconditional bail is too risky. This may be because the police are worried that you may flee, or will interfere with any witnesses that are relevant to the case.

Conditions of bail that are imposed must be considered to be reasonable and capable of being easily enforced.

The exact police bail conditions that will be imposed vary from case to case, but they will often include measures such as:

  • Having to report to the police station at specified times
  • Forfeiting your passport to prevent foreign travel
  • Having a curfew in place but not electronically monitored
  • Being unable to contact certain people or your co suspects 
  • Being made to reside at a certain address
  • Being unable to go to a specific location (e.g. an alleged victim’s place of work)
  • Not going to work in a certain role
  • Attending a certain appointment 

What happens when bail expires?

If the police release you on pre-charge bail, bail expires when the police either charge you with a crime, or release you with without charge.

Where you are released on bail by the court, the bail ends when the case is dropped, you are found not guilty, or you are found guilty and are sentenced.

Can bail conditions be changed?

It may be possible to have bail with conditions changed. Whether the police have placed you in bail, or the courts have placed you on bail, it will usually be possible to make an application to have them removed.

It should be noted that the police will not have the power themselves to vary bail conditions that the court have made. Only the courts can deal with these matters.

No matter the circumstances, changes to bail conditions will never be automatically granted. An application will always be thoroughly reviewed before a final decision is made.

How do you get bail conditions changed?

The process for having bail conditions changed will depend on the type of bail you are subject to.

If you are on police bail, it may be possible to attend the police station where you were originally bailed where a request can be made to the Custody Officer to vary the conditions. If this request is refused, an application can be made to the Magistrates’ Court.

If you are on court bail, an application needs to be made to the Magistrates’. If this is not successful, a further application can be made to the Crown Court.

Can bail conditions be dropped?

The police and courts have the power to drop bail conditions altogether if they see fit. For example, they may no longer feel it is necessary for a condition to apply, such as restricting you to living at a specific address.

Given how long you could potentially be on bail for, the police or courts could review the conditions at any time and make changes which accommodate certain changes to your life.

What happens if you breach police imposed bail conditions pre charge?

If you breach police bail in the UK, the police can arrest you and you will usually need to attend a court hearing within 24 hours. The courts may then decide to refuse any subsequent bail applications. This only applies if the police have enough evidence to charge you with the original offence. This is because there must be a charge in court for the police to keep you in custody.  If they are not ready to charge you then you will be rebailed.

If you interfere with witnesses or an investigation you could be accused of perverting the course of justice or witness intimidation. 

It is possible that you will be charged under the Bail Act 1976 for any breach of bail conditions and if bail is refused you can be remanded in custody until the trial begins. If they do not enough evidence to charge you then they will have to release you on bail. The bail breaches may be used by the police as reasons to refuse bail in the future.

Contact our criminal defence solicitors today

For urgent specialist advice, immediate representation, or to speak to us confidentially about changing and lifting court or police bail conditions, please do not hesitate to get in touch with our specialist criminal defence solicitors.

You can contact a member of our dedicated team of criminal defence lawyers 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 as soon as possible.

24/7 criminal defence lawyers & police station representatives

Please get in touch for a free initial consultation subject to certain exceptions with one of our expert criminal defence solicitors, as well as immediate representation and advice related to police bail, as well as breach of bail conditions.

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number 07836 577 556.


How can we help?

  • Umar Zeb
      • Umar Zeb
      • Senior Partner - Head of Private Client Crime
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  • Lisa Nicol
      • Lisa Nicol
      • Managing Partner - Head of Crime & Serious Cases
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