Changes to pre-charge bail

Date published: 01 April 2017


The powers to release people on bail across England and Wales is changing under the Policing and Crime Act 2017 - the change comes into effect and will apply to all arrests made from Monday 3 April onwards.

There will be a presumption of release without bail unless it is coonsidered 'necessary and proportionate' and will be considered on a case by case basis.

The initial bail period is for up to 28 days. An extension of up to three months may be granted by a senior officer. An application will need to be made to a magistrate for any further extension.

If a person is released without bail, they will not be legally obliged to attend a police station and will be referred to as being released under investigation (unless no further action has been taken).

  • People who are currently on bail will remain on bail and will not be affected by these changes.
  • There is no time limit for a person being released under investigation.
  • Anyone arrested on suspicion of terrorism offences will not be affected by these changes.

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