Is breach of bail an Offence?

Breach of bail, whilst arrestable, is not a standalone criminal offence. Upon arrest for an alleged breach of bail, a defendant must be brought before a magistrates’ court ‘as soon as practicable’ and in any event within 24 hours of arrest (section 7(4) Bail Act 1976).

What happens if a person is released on bail under section 37C?

Section 37C (4) states that if a person is released on bail under s. 37C (2) (b), then that person shall be subject to whatever conditions applied immediately before his arrest for breach. There is no power to vary the conditions of bail that previously applied.

What happens if bail conditions are breached by police?

Breach of pre-charge bail conditions. The police have a power of arrest where an officer has reasonable grounds for believing that conditions imposed on pre-charge bail have been breached (s. 46A(1A) PACE). Once in detention, the custody officer will determine whether the suspect can be charged (s.

Can a magistrate impose more onerous conditions on bail?

More onerous conditions can be imposed. The magistrates’ court on application by the suspect (s. 47 (1E) PACE). The magistrates can confirm the same conditions, impose different conditions, or direct that bail shall be unconditional.

Can a suspect be released on bail after 3 April 2017?

In order to obtain this advice, the police may release a suspect on bail to return to the police station at a future date and may impose conditions on that bail (s. 47 (1A) PACE. Bail granted in these circumstances is NOT subject to time limits and levels of authority. For more detail see guidance below on Pre-Charge police bail after 3 April 2017.