Your freedom is our business
Challenges to Police Bail Conditions
If the police have imposed unfair or overly strict bail conditions on you, our expert criminal defence solicitors can help you take all possible steps to get them removed or changed.
Renshaw Derrick is a specialist criminal defence firm that helps individuals across Bournemouth, Poole and the wider Dorset area. As one of the top criminal defence firms in the region, we can help you achieve the best possible outcome to your case.
We support people at every stage of the criminal justice system, from the moment they are arrested or invited to the police station for voluntary interview through to any court hearings. We understand how stressful and frustrating it is to go through criminal proceedings, especially at the pre-charge stage when your future is particularly uncertain. Being placed on conditional bail can severely restrict your freedom, so wherever possible, we will help you challenge it.
If you or someone you know has been arrested and taken to the police station, contact us as soon as possible for advice. You are entitled to free legal advice while at the police station. You should never answer police questions until we are with you to provide advice as anything you say could be used as evidence against you. For further information, visit our Police Station page.
What is bail?
When someone is suspected of a criminal offence, they may be released on bail. Often this occurs if the police do not have enough evidence to charge the suspect while they are at the police station but think they will have enough evidence after an investigation.
Bail is typically granted by a police custody officer after the suspect has been arrested or they attended the police station voluntarily for interview. The court may also grant bail and set conditions.
Pre-charge bail means that you can leave the police station while the police conduct an investigation and decide whether you should be charged with a criminal offence; you must report back to the police station at a later date. You can also be released on bail after you have been charged (post-charge bail) which means you are released from police custody until your court hearing.
If there are conditions on your bail, you will likely be forbidden from doing certain things or going to certain places.
When can the police place conditions on bail?
The police can impose conditions on someone’s bail if they think granting unconditional bail is too risky – for example, if they think the suspect might run away, refuse to take part in the criminal proceedings, interfere with witnesses, or commit further offences.
The police must ensure that the conditions imposed are necessary, reasonable, proportionate and capable of being enforced. If you do not think your conditions are necessary, reasonable or proportionate, we can provide practical advice about challenging them and how likely you are to succeed.
What bail conditions can the police impose?
The following are examples of some bail conditions the police may impose:
- Reporting to the police station – the custody officer will give you specific times and dates at which you must go to the police station
- Giving up your passport
- A curfew which requires you to stay at home during certain hours (usually at night)
- Requiring you to live at a certain address or with certain people
- Forbidding you from contacting certain people (such as witnesses or the alleged victim if there is one)
If you feel your bail conditions are unfair, should you ignore them?
No. If you breach your bail conditions, the police can arrest you and you will usually have to attend a court hearing within 24 hours. The court may decide to refuse any further bail applications.
Challenging police bail conditions
We can advise you about applying to the Magistrates’ Court for bail or to vary the conditions put on your bail by a police custody officer. It is important to seek the advice of an expert for these types of application because the court has the power to impose stricter conditions as well as reducing the conditions.
Where you do not agree with the conditions that have been set by the Magistrates’ Court, it is possible to ask them to reconsider. If the Magistrates’ Court has reconsidered and you are still not happy with your bail conditions, you can apply to the Crown Court to request that certain conditions are changed. The conditions the Crown Court can change include:
- If you have been told where you must live while on bail
- The requirement to provide a surety (someone who will pay money if you breach your bail conditions)
- Electronic monitoring
- If you have been told not to contact certain people
Why choose our bail law solicitors?
We are one of the top criminal defence firms in Dorset and the South West. As criminal defence is the only area we specialise in, our team of experts are fully committed to helping people facing criminal investigation and prosecution obtain the best possible outcome.
Our team includes trained police station representatives, duty solicitors and lawyers who can represent you in court. This means that we can help you at every stage of the criminal justice system, from the moment you are arrested to the moment you appear in court (if the matter ever gets that far).
We are members of the Law Society Criminal Litigation Accreditation scheme which means we have been recognised as experts at helping people who have been accused of criminal offences.
We understand how difficult and stressful facing criminal action is. Therefore, we don’t just focus on the outcome of your case, we want to ensure your legal rights are respected the whole way through. If you have been given bail conditions which unfairly restrict your freedom, we will help you take all possible steps to challenge them.
With our advice, you have the best possible chances of your bail conditions being reduced or removed altogether.