Being released on bail is a privilege, not a right. Bail allows a suspect to be released while their case proceeds through the criminal justice system. However, bail comes with conditions that must be followed. If any of the bail conditions are broken, there can be serious consequences.
What is police bail?
Police bail is when a suspect is temporarily released from police custody after being arrested. They are released pending further investigation or while the case proceeds to the courts. Bail conditions will be set to ensure the suspect returns to the police station on the given date and to prevent any further offending or interference with the case.
Common bail conditions include:
- Living at a certain address
- Handing over your passport
- Regularly reporting to a police station
- A curfew
- Not contacting certain people
- Not going to particular locations
What happens if I break my bail conditions?
You must follow your bail conditions at all times. Breaking any of the conditions means you are in breach of your bail. Even minor breaches can have severe consequences.
If police have evidence you breached bail, you may be:
- Arrested and taken back into police custody
- Required to attend court where stricter bail conditions could be imposed
- Have your bail revoked altogether so you are kept in custody
- Issued a £100 on-the-spot fine
More serious breaches of bail may lead police to recommend denying you bail in the future. Significant or persistent breaches also allow the courts to refuse bail and keep you locked up until your trial.
Common ways people breach bail conditions
Some of the common ways bail gets breached include:
- Failing to surrender – Not attending the police station when required. This shows a blatant disregard for the bail conditions.
- Breaking a curfew – Being outside approved hours. Curfews are used to prevent further offending.
- Going to prohibited locations – Being near a specific place deemed too risky, like the victim’s home.
- Contacting prohibited people – This usually applies to victims, witnesses or co-defendants. Contact risks intimidation or collusion.
- Not residing at approved address – Living elsewhere without approval shows police don’t know your whereabouts.
- Committing further offences – Even minor new offences breach the condition to keep the peace.
While one-off minor breaches may only lead to a warning or an on-the-spot fine, persistent or deliberate breaches will be taken very seriously.
Going AWOL while on bail
Absconding or going AWOL while on bail is very serious. Once police realize you are deliberately evading bail, an arrest warrant will likely be issued.
When you are caught, expect to be taken straight into police custody and held until your trial. Being AWOL shows a total disregard for complying with bail and the justice process.
If you go AWOL close to the trial date, prosecutors may seek permission to try you in your absence. So a trial could still go ahead even if you are not there to defend yourself.
What happens in court if I breach bail?
If police arrest you for breaching bail, you will be brought before a magistrate at the next available court date. The court will consider things like:
- The seriousness and circumstances of the breach
- Your past history of compliance with bail
- The original offences you were charged with
The court then has several options:
- Harsher bail conditions – Stricter conditions like a curfew or more frequent reporting.
- Internal bail – Hold you in custody but grant internal bail with conditions if you are let out.
- Remand in custody – Revoke bail altogether and hold you in jail until the trial.
Persistent breaches will result in bail being revoked so you are detained. The court’s patience will run out if you keep breaching their trust.
Factors considered when revoking bail
If the court is considering revoking bail and remanding you in custody, they will weigh various factors including:
- The number of breaches – Multiple breaches show unwillingness to comply.
- Type of breach – Major breaches like reoffending are more serious.
- How long since getting bail – Breaching soon after getting bail is worse.
- The original charges – Bail is less likely for serious charges.
- Criminal history – A history of breaching bail or failing to appear works against you.
Essentially, the court weighs up whether you can still be trusted on bail or are better off detained for everyone’s safety.
Can I appeal if my bail is revoked?
If you are denied bail and remanded in custody, you can appeal the decision. An appeals court will review if refusing bail was reasonable given your circumstances and offences.
However, appeals seldom succeed unless you can demonstrate:
- A significant change in circumstances since your bail was revoked
- The lower court made a significant error in denying bail
- Unreasonable bail conditions were imposed
If your appeal fails, you will remain in custody until the trial or sentencing.
Getting bail again after revocation
Having bail revoked does not mean it is gone forever. You can reapply for bail at any time before your trial. Your lawyer may argue for bail at later court appearances.
However, the court will need strong reasons to grant bail again after you previously breached it. Possible arguments include:
- You breached by accident and have since complied
- New evidence weakens the prosecution’s case
- Your circumstances have significantly changed
- You need bail for specific reasons like completing rehab
While getting bail again is difficult after revocation, it is not impossible if you have a reasonable argument. Speak to your criminal lawyer about strategies.
How a bail breach affects sentencing
If you are later convicted of the original charges, breaching bail can affect your sentence. Sentencing guidelines advise courts to consider bail breaches as an aggravating factor.
This is because breaching bail shows:
- Disregard for the law and court authority
- Unwillingness to comply with reasonable conditions
- A higher risk of reoffending
These factors generally justify tougher penalties. Bail breaches may tip sentences towards imprisonment rather than community orders.
Should I voluntarily surrender if I breach bail?
If you breach bail conditions, voluntarily surrendering to police can help your case. It shows:
- You take the conditions seriously
- A willingness to comply going forward
- Remorse for the breach
This goodwill can encourage police and courts to give you another chance rather than revoking bail. It shows you are still responsible enough for bail, despite the hiccup.
However, surrendering is still a gamble. Some breaches are too serious to overlook. Police may argue detention is now necessary regardless. Still, surrendering is better than waiting to get caught.
How to comply with bail conditions
The best approach is strictly complying with all bail conditions no matter how inconvenient. Sensible steps include:
- Clear communication – Confirm your understanding of conditions with police and lawyers. Ask questions if unsure.
- Make reminders – Set phone alerts for appointments, curfews etc. Ask someone to remind you if needed.
- Avoid risks – Don’t go near prohibited places or people, even accidentally.
- Report issues – If complying is becoming very difficult, tell police before breaching.
- Get support – Ask family and friends to help you stick to the rules.
Strict compliance with all conditions shows you take bail seriously and are committed to the justice process. This is your best chance of avoiding jail before your trial or sentencing.
Conclusion
Breaching bail is extremely serious and can jeopardize your freedom, trial, and sentencing outcome. However, it is avoidable if you carefully follow all conditions, seek support if struggling, and voluntarily surrender any accidental slips.
Ultimately, complying with bail shows respect for the legal system. It enhances your defense, while breaching bail works strongly against you. With the right caution and reminders, bail conditions should not be difficult if you are focused on responsibly progressing your case.