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If you are charged with an offence the law states that you should normally be released on bail unless the police doubt the truth of the name or address you have given or believe you should be held for the protection of yourself or others, or it is felt that you are unlikely to turn up in court if released.
If the police do not release you, you must be brought before a magistrate, at the earliest opportunity, who will decide whether you can be released on bail, and if so, what conditions should apply. For example, you may be required to report to the police station once a week, or to have someone provide a financial guarantee that you will be present in court when required.
Bail cannot be given to anyone charged with murder, attempted murder, rape or attempted rape who already has a conviction for one of these serious offences. Courts also need not grant bail if it appears that the defendant was already on bail when the offence was committed.
Bail Offences
If you are bailed to appear in court or at a police station and fail to do so, you could commit an offence under Section 6 of the Bail Act 1976. In your defence you can say that you had a “reasonable excuse” – e.g. you were sick or stuck in traffic. It is not a criminal offence to breach any other bail conditions, but if you are caught the police will probably arrest you and put you before magistrates.
Bail from Scene of Arrest
A Constable can release a defendant on bail from the scene of arrest with a condition to attend a police station. Notice in writing must be given stating the offence and the ground on which he was arrested and details of the time and police station. If the notice does not give the latter details, a subsequent notice must be served which does give them. A suspect may be re-arrested without warrant if new evidence justifies this. Failure to attend as required gives rise to liability to arrest without warrant. (Section 4 amends s 30 PACE).