How to get bail conditions lifted or changed

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.

After you are arrested, you will be taken to the police station to be interviewed. Following your interview, the police may decide to grant you bail to carry out further enquiries in order to complete their investigation.

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 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, the bail expires when the police either charge you with a crime or release you 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 make an application to vary your bail conditions. Whether the police or the courts have placed you on bail, it will usually be possible to apply 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 to appeal your bail conditions must be made to the Magistrates’. If this is not successful, a further application can be made to the Crown Court.

How long does it take to change bail conditions?

There is no set timeframe for changing bail conditions, as it depends on the specifics of your case and how quickly your application is dealt with by the police or the court.

If bail was granted by the police, you or your solicitor can apply to the custody sergeant to vary conditions.

If bail was granted by the court, an application must be made to the Magistrates’ Court for a hearing, which could take a few working days at a minimum.

How long it takes to change your bail conditions will largely depend on the court’s availability and whether the prosecution objects to the change.

Can bail conditions be dropped?

The police and courts have the power to lift your 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 can review the conditions at any time and make changes that accommodate certain changes to your life or have your bail conditions dropped altogether.

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 re-bailed.

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 have 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 lawyers in London, Birmingham, and Manchester by telephone on:

• City of London: 0207 624 7771 - our senior Solicitors and Partners can meet by appointment in the City.
• Brent & Camden London Office: 0207 624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333

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 and 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.