Can I go abroad on bail?

If you have been released on pre-charge bail or bail after being charged, you may have many questions about what you can and can’t do – and since you’re here, you’re clearly wondering whether you can travel abroad. It’s so important to fully understand what conditions you must follow to ensure you don’t risk arrest for breaching your bail conditions.

In this article, we’ll discuss whether you can go abroad on bail, what extra restrictions on travel you may have, if airports and other transport companies are aware who is on bail, and if you can request to have any bail travel conditions lifted.

Can I go abroad whilst on bail?

Being on police or court bail itself does not prevent you from going abroad, but you may have bail conditions that prohibit you from doing so.

Your bail conditions may stipulate that you:

• Must not travel outwith the UK – you may be asked to surrender your passport.
• Must live and sleep at a specified address each night – meaning you likely cannot stay overnight elsewhere.

If your bail conditions don’t prohibit foreign travel, they may state that:

• You can only travel for a specific period of time.
• You cannot visit particular countries.
• You cannot travel with specific individuals.
• You must report back with your location at specific times.

It’s important to confirm with bail officers and your solicitor what your bail conditions allow and don’t allow you to do before planning any travel abroad.

If I have no travel restriction bail conditions, can I go abroad freely?

Although you are technically allowed to go abroad, you shouldn’t book in and travel without consulting with your bail officers first.

You should inform them of your plans well in advance and seek their written approval before you travel. They need to confirm that you are not a flight risk.

Do airports know if you’re on bail in the UK?

Airports don’t automatically have access to information about who is on bail, but if you have been ordered not to travel abroad as part of your bail conditions, the police may inform groups such as:

• Border Control.
• Immigration Enforcement.
• Airlines/ferries/other international transport companies.
• UK Passport Office.

If you attempt to travel abroad, these groups can inform the police that you are trying to breach your bail conditions.

Can I request that my travel restriction bail conditions are lifted?

Yes, you are able to request that your bail conditions are “varied” (meaning changed). It is advisable that you ask your solicitor to make the request on your behalf so they can communicate a strong case as to why you deserve to have the conditions varied.

You are more likely to have your conditions varied if you have already been compliant with the conditions for some time. If you try to make an application as soon as you are placed on bail, you may not have as high a chance of success.

If you are on police bail, you initially place your request with the police. If they refuse, you can appeal with the Magistrates’ Court. If you are on court bail, you would make your request with the court who placed the conditions – either the Magistrates’ or Crown Court.

Speak to Holborn Adams if you are on bail.

Whether you are on pre-charge bail or post-charge bail, Holborn Adams can secure you the best possible outcome for your case.

If you have not yet been charged, we specialise in pre-charge engagement, meaning our pre-charge solicitors can appeal to the police to drop the case before charges are formally made, saving you time and a great deal of stress.

If you have already been charged, our criminal defence solicitors are second to none. You may already have instructed a solicitor, but please be aware that you can change your solicitor if you do not believe they will win you the best outcome. We are confident we can. Please give us a call today.

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