Bail explained
Bail decides whether you wait for your case in the community or in custody - and on what conditions. Getting it right early matters.
This guide is general information, not legal advice about your situation - every case turns on its own facts.
What bail is
Bail is your release from custody while your case is dealt with, usually on the promise that you'll attend court and follow any conditions. It is governed by the Bail Act 2000. Many people are bailed at their first appearance.
Bail conditions
Conditions might include a curfew, a residential address, non-contact with certain people, or reporting to a police station. In some cases electronically monitored (EM) bail is offered. Conditions should be no more restrictive than necessary.
When bail can be opposed
Police may oppose bail where they say there's a risk you won't attend, will offend, or will interfere with witnesses. For some serious charges there's a higher hurdle to get bail. Good preparation makes a real difference.
Breaching bail and varying conditions
Breaching bail conditions is itself an offence and can lead to bail being revoked. If your conditions are unworkable, you can apply to vary them - for example to change an address or adjust a curfew for work.
Frequently asked questions
Will I get bail?
Often, yes - there's a general presumption in favour of bail, though it's higher-stakes for serious charges. The court weighs the risk of non-attendance, further offending, and interference with witnesses.
Can I change my bail conditions?
Yes. If your conditions are too restrictive or unworkable, you can apply to vary them - for example to adjust a curfew so you can work, or to change your address.
What happens if I breach bail?
Breaching bail is an offence and can lead to your bail being revoked and you being held in custody. If you're struggling to comply, get advice about varying your conditions instead.
Need advice on your situation?
Every case is different. Call for a confidential, no-obligation discussion.