Bail at court: the right to bail, exceptions and conditions
Most defendants have a right to bail (Bail Act 1976 s.4). A court can refuse bail only on set grounds, such as substantial grounds for believing the defendant would abscond, offend or interfere with witnesses, and must consider whether conditions would manage the risk instead.
The presumption of bail
Section 4 of the Bail Act 1976 gives a general right to bail to a defendant awaiting trial, or awaiting sentence after reports, subject to Schedule 1.
Grounds for refusing bail
For imprisonable offences, the main exceptions are substantial grounds for believing the defendant would:
- fail to surrender to custody;
- commit an offence while on bail; or
- interfere with witnesses or otherwise obstruct the course of justice.
Other exceptions include the defendant's own protection, insufficient information, and a previous failure to surrender or offending on bail. Since 22 March 2026 the court must also consider whether the defendant is pregnant, a primary carer or a victim of domestic abuse.
Murder: only a Crown Court judge can grant bail, and only if there is no significant risk of an offence likely to cause injury (Coroners and Justice Act 2009 ss.114, 115). A defendant charged with murder, manslaughter, rape or certain other serious offences who has a previous conviction for such an offence gets bail only in exceptional circumstances (CJPOA 1994 s.25).
No real prospect of custody: for a defendant aged 18 or over, the main grounds generally cannot be used where there is no real prospect of a custodial sentence other than a suspended one. Since 22 March 2026 this also applies to those awaiting sentence. Bail can still be refused for a risk of injury to a partner or relative.
Conditions
Conditions must be necessary to address a risk: residence, curfew (which can be tagged), reporting to a police station, surrendering a passport, no contact with named people, or a surety or security. Electronic monitoring is restricted where a suspended sentence, not immediate custody, is the realistic outcome.
Failing to surrender
Failing to attend court without reasonable cause is an offence (s.6), punishable by up to 3 months in the magistrates' court or 12 months in the Crown Court, and usually leads to an arrest warrant.
Further applications and appeals
After a refusal, any argument can be used at the next hearing; after that, only new arguments or changed circumstances. The defendant can also apply to the Crown Court. The prosecution can appeal a grant of bail for an imprisonable offence, giving notice at the hearing.
Time on remand
Time remanded in custody normally counts towards any sentence; a tagged curfew of 9 hours or more a day counts half. Custody time limits (generally 56 days before a magistrates' court trial, 182 days before a Crown Court trial) apply unless extended. Different rules apply to under-18s (see the youth justice guide).
Authorities: Bail Act 1976 ss.3, 3AAB, 4, 6 and Sch.1 (as amended by Sentencing Act 2026 s.44, in force 22 March 2026, SI 2026/86); Coroners and Justice Act 2009 ss.114, 115; Criminal Justice and Public Order Act 1994 s.25; Bail (Amendment) Act 1993 s.1; Senior Courts Act 1981 s.81; Criminal Justice Act 2003 s.240ZA; Sentencing Act 2020 s.325; Prosecution of Offences (Custody Time Limits) Regulations 1987; CPS legal guidance, Bail