On bail but not charged? What does it mean?

Have you been released on bail but haven’t been charged yet? This is a critical time that could affect the outcome of the entire investigation, so it’s important to be fully informed so you can take the right steps.

In this article, we’ll explain what pre-charge bail is, why you’re on bail without a charge, what happens during the bail period, how long it lasts, and details about the bail conditions you may need to follow.

What is pre-charge bail?

Pre-charge bail is when you have been arrested, interviewed by police, and released but not charged with any criminal offence yet. The police have not ruled you out as a suspect, but they don’t have enough evidence to charge you.

When you’re on pre-charge bail, you may have to follow certain bail conditions.

Pre-charge bail differs from post-charge bail. With pre-charge bail, you’re waiting to hear if you will even be charged for an offence. With post-charge bail, you are waiting for your court trial or hearing.

Why am I on bail but not charged?

Once you are arrested and have completed a voluntary police interview, the police have a few options to choose from. They include:

• Release you with no further action.
• Release you on bail.
• Release you “under investigation”.
• Charge you – you would either remain in custody or be bailed to appear in court later.

If you’ve been released on bail but not charged, it means the police cannot rule out your guilt, so they need time to dig deeper.

The police are moving to using pre-charge bail more than “release under investigation” (RUI) since the introduction of the Police, Crime, Sentencing and Courts Act (2022). Pre-charge bail is time-restricted, whereas RUI can continue indefinitely. This raised concerns that those released under investigation were left in a limbo state with slow-moving investigations.

What happens while I am on bail but not charged?

While you are on bail, you may have to follow certain conditions. This could include staying at a specified address, wearing an electronic tag, not being allowed to drive, having to abide by a curfew, and more, depending on the offence and evidence against you.

Whilst you are on bail, the police will continue their investigation.

During this time, you should instruct a criminal defence solicitor if you have not already. You can request to begin pre-charge engagement, which allows you and your solicitors to present a defence case earlier in the investigation in order to request the case be ended with no charges.

How long can I be on bail for?

Pre-charge bail initially lasts for 28 days and can be extended to 3 months. An inspector can extend it from 3 to 6 months, and a superintendent can extend it from 6 to 9 months. The Magistrates’ Court must approve extensions from 9 months to the 12 months maximum bail time.

Is it a good or bad sign if my bail is extended?

It’s not possible to say categorically that it’s good or bad if your bail has been extended. It depends on each case and the level of evidence against you.

Sometimes an extension is sought because the police are very close to gathering sufficient evidence to charge you. Sometimes the extension is sought because they need more time to follow leads, but these leads might end up fruitless.

Your solicitor will be able to give you tailored advice on whether they think it is a good or bad sign for your specific investigation.

What happens if I don’t follow my bail conditions?

If you fail to follow your bail conditions, you can be arrested for breaching bail conditions. We don’t recommend doing this! You may have even stricter bail conditions imposed, and you may add extra potential charges to fight off, making the process more stressful and time-consuming for everyone involved.

Can I have my bail conditions dropped?

Yes, it is possible to request that your bail conditions are dropped. Your solicitor can make a case to the police to drop your bail conditions, arguing that they are unnecessary or too restrictive or not appropriate for the crime you are under investigation for. If the police decline, your solicitor can appeal to the Magistrates’ Court.

What should I do if I’m on bail but not charged?

If you’ve found yourself on bail but not charged, you should instruct a criminal defence solicitor immediately (if you haven’t already done so).

At Holborn Adams, we are pioneers of pre-charge – we believe that prevention is better than cure, so we always seek to squash cases before charges are made, where possible.

Pre-charge engagement is your gateway to freedom from criminal charges. Please contact us today to see if we can offer you pre-charge representation.

Holborn Adams