How do I get my bail conditions lifted?

Are you on pre-charge bail and finding your bail conditions too strict? You can appeal to have them lifted or adapted to make your life a little easier during this stressful period of time.

In this article, we’ll discuss how to get your bail conditions lifted.

How do I get my bail conditions lifted?

To request to have some or all of your bail conditions lifted, you need to speak to the investigating officers in charge of your case. You can technically speak to your Custody Officer yourself, but we strongly recommend that you use a criminal defence solicitor to do this on your behalf. They have the experience to present your argument in the most convincing way possible, making it more likely that you get the outcome you desire.

Your solicitor will appeal to the Custody Officer, explaining why they believe that your current bail conditions are disproportionate to the alleged offence and/or why they think it is important that your conditions are varied.

It is then up to the police to decide whether to lift your bail conditions.

What if the police refuse to lift my bail conditions?

If the police refuse to adapt your bail conditions, your next step is to appeal to the court to overturn the police’s decision. Again, we highly recommend that you use your solicitor to do this on your behalf.

Your solicitor will make an application to the Magistrates’ Court to appeal the bail variation decision. The Magistrates’ Court will notify CPS and set a hearing date no later than 5 business days after they receive your application.

The court may side with the police, they may vary only some of the conditions, or they may lift them altogether (unconditional bail).

Sometimes simply appealing to the court can prompt the police to review their own decision, leading them to vary the conditions before the hearing.

What happens if I break my bail conditions before they are lifted?

Even if you are sure that your bail conditions are going to be lifted, please don’t breach them. This will reflect very badly on your character which is terrible for a potential future trial, and you may be arrested and charged with additional crimes if one has been committed (such as failing to return to the station for your bail return date).

We’ve written a full guide on what happens if you breach your bail conditions.

Speak to us for help getting your bail conditions lifted.

The criminal defence solicitors here at Holborn Adams are experts at dealing with pre-charge cases. We can help you get your bail conditions lifted, and we urge you to consider initiating a process called “pre-charge engagement”. This is where you present a case to the police as to why you should not be charged and the case should be closed. This will save you a great deal of money, time, and stress in the long run.

Please don’t hesitate – contact our pre-charge solicitors today.

Holborn Adams