Guides
Your Complete Guide to Pre-Charge Bail in the UK
Once you’ve been arrested and the 24 hour custody clock has run out, the police have to decide what the best next steps are for their investigation. Releasing you on pre-charge bail is one of the most commonly opted for routes.
In this article, we’ll explain what pre-charge bail is, how long it lasts, what rules you must follow, any adjustments you can appeal for, and what happens when it ends.
What is pre-charge bail?
After holding you in custody, the police have 4 main options regarding your case:
- Release you with no further action – the case is closed (at least for now).
- Charge you with a crime – you’ll either be kept on remand or released on post-charge bail.
- Release you under investigation – you are released without conditions while the investigation continues.
- Release you on pre-charge bail – you are released with specific conditions while the investigation continues.
Pre-charge bail is a legal process where you are released from custody but must comply with certain conditions set by the police. Pre-charge bail is used when the police lack sufficient evidence to charge you, but also don’t have enough evidence to rule out your involvement.
The purpose of pre-charge bail is to protect the integrity of the investigation, as well as the safety of victims, witnesses, the wider public, and yourself. Conditions may include:
- Requirements to return to the police station on specified dates.
- Staying only at a specified address.
- Travel restrictions.
- Not speaking to specific individuals, including witnesses.
Importantly, pre-charge bail is subject to time limits, which means the investigation should proceed without delays.
What is the difference between pre-charge bail and “release under investigation”?
Pre-charge bail and release under investigation (RUI) are similar but have some key differences. The main ways they differ are summed up in the table below:
Difference | Explanation |
Time limit | Pre-charge bail lasts up to 12 months. RUI has no time limit. |
Restrictions | Pre-charge bail comes with conditions. RUI is restriction-free. |
Legal oversight | The police regularly review pre-charge bail cases and may need senior approval to adjust conditions/grant extensions. RUI does not require regular reviews/justification. |
Police control | Police have more control over the suspect on pre-charge bail due to conditions imposed. Police have less control over those RUI. |
Since the introduction of the Police, Crime, Sentencing and Courts Act (2022), police are encouraged to use pre-charge bail more than RUI. It keeps investigations running more smoothly and prevents suspects living in “limbo” for years while investigations slowly progress.
The 2022 Act reversed much of what was introduced in the Policing and Crime Act (2017) which temporarily encouraged the use of RUI over pre-charge bail, which caused many issues.
Are you guilty if released on pre-charge bail?
No, you are not found guilty if you are released on pre-charge bail. Police have not got sufficient evidence to prove you are guilty or innocent, which is why they use pre-charge bail to allow them to continue their investigation.
If you are found guilty, this will happen either at the conclusion of your trial or if you plead guilty at an earlier stage, such as during your initial court hearing. Your case may not reach court, however, if the police or the Crown Prosecution Service (CPS) decide there is insufficient evidence or not in the public interest to proceed.
How long can you be on pre-charge bail without being charged?
Pre-charge bail comes with strict time limits and can be extended a set number of times. For most cases, you’ll be on pre-charge bail for at least 3 months up to a maximum of 12 months.
Can my case be dropped while I’m on pre-charge bail?
Yes, your case can be dropped while you’re on pre-charge bail – and here at Holborn Adams, that is our goal!
The police may find evidence which suggests you are not an offender and will drop the case independently.
Otherwise, you can push for your case to be dropped with the help of a pre-charge solicitor (like Holborn Adams). They will guide you through a process called pre-charge engagement where you build a case to the police as to why you should not be charged for the crime.
How long will it take the CPS to make a decision whether to charge me?
For most cases, once the police are satisfied with the evidence they have gathered, they must seek permission from the CPS to formally charge suspects. CPS lawyers will review the case and decide whether to proceed based on the evidence and whether prosecution is in the public interest. There is no fixed timeframe for this process; it could be completed the same day or take weeks or even months, depending on the complexity of the case.
We have looked at what evidence the CPS needs to charge in more detail in a separate post.
Can I go on holiday while on pre-charge bail?
You may or may not be allowed to go on holiday while on pre-charge bail – it depends on which conditions have been imposed on you.
You may be allowed to go on holiday within the UK but are not allowed to travel abroad while on pre-charge bail.
To be safe, check with your custody officer and your solicitor before you make any travel arrangements.
Can I get a job while on pre-charge bail?
Yes, you are usually able to get a job while on pre-charge bail. Which jobs you can do while on bail depends on your specific bail conditions. You may have to follow a curfew, be restricted from travelling to certain areas, or be restricted from interacting with certain people, so some roles may be off the cards while you are on bail.
You do not have to automatically disclose to prospective employers that you are on bail but you will have to tell them if the job application specifically asks, or if your bail conditions would prevent you from doing certain aspects of the role.
You do not have a criminal record simply from being on pre-charge bail, but it may appear on an enhanced DBS check.
If you already have a job, you might not need to tell them that you are on pre-charge bail. You’ll need to tell them if the job will be impacted by your bail conditions, or if your contract/workplace policies require you to disclose this information.
What happens if I break my pre-charge bail conditions?
It is not illegal to break most of your pre-charge bail conditions, but you can be arrested and brought back into custody. After this, you may be re-released on bail or charged with an offence (the original offence if enough evidence has been gathered or for any new offences you may have committed through breaking your conditions).
If you fail to return to the police station on your bail return date, this is illegal and you can face a custodial sentence for this alone.
We’ve done a separate post outlining more details of what happens if you break your pre-charge bail conditions.
Can I have my pre-charge bail conditions lifted?
Yes, it is possible to have your pre-charge bail conditions lifted or adjusted. It is best to ask your criminal defence solicitor to petition for this on your behalf. They will be able to make a solid case as to why the conditions are not necessary or not proportionate to the alleged crime.
What happens after bail ends?
There are several routes the police can go down once your bail ends. It could be extended (if the extensions have not been used up), you could be released under investigation instead, you could be released with no further action (meaning the case is closed), or you could be charged.
What should I do if I am on pre-charge bail?
If you are on pre-charge bail, it is critical that you instruct a criminal defence solicitor as soon as possible.
The period before charges is crucial to take advantage of. Your solicitor can initiate pre-charge engagement and you can work on building a case to argue why you should not be charged.
The pre-charge solicitors here at Holborn Adams are here to help you with your case – please call us today.