Bail, Released Under Investigation and Remand (England & Wales): 12 questions answered
After arrest you may be released on pre-charge bail, which has time limits and can have conditions, or released under investigation, which has no conditions and no fixed limit. Once charged, courts start from a presumption of bail, but can remand you in custody if there are strong reasons.
Law checked as at 25 September 2026. Legal information only, not legal advice. See how we check this page and recent changes.
What is pre-charge bail?
Pre-charge bail means you are released from the police station without being charged, but must return on a set date while the investigation continues. Police can attach conditions, such as living at an address, not contacting certain people, or staying away from a place, if they are necessary and proportionate. Police should use it where it is necessary and proportionate, for example to protect victims or witnesses, and must seek the victim's views on conditions where practicable. You may be told before the date that you need not attend, or that the date has changed.
How long can I be on pre-charge bail?
Under the Police and Criminal Evidence Act 1984, as amended by the Police, Crime, Sentencing and Courts Act 2022, the initial pre-charge bail period is up to three months, authorised by the custody officer. An inspector can extend it to six months and a superintendent to nine months. After that, further extensions need a magistrates' court, which can extend to 12 months and beyond in complex cases. You or your solicitor can make representations about extensions. Investigations are expected to move diligently rather than use the full time.
What does released under investigation (RUI) mean?
Released under investigation means police have let you go without charge and without bail while they keep investigating. There are no conditions and no date to return to the police station. The investigation is still open, and you could later be charged, asked to attend another interview, given an out-of-court resolution or told no further action will be taken. Police guidance expects investigators to keep you updated. If you are unsure whether you are on bail or released under investigation, ask the officer in the case or your solicitor.
How long can I be released under investigation?
There is no legal time limit on being released under investigation, which is one of the main criticisms of it. Cases can sometimes last many months or longer. Police must still investigate diligently and expeditiously, and national guidance expects regular supervisory reviews and updates to suspects. For a summary-only offence, prosecution must usually start within six months of the offence, but for more serious offences there is generally no time limit. A solicitor can chase the police for updates or complain about unreasonable delay.
What happens if I break my bail conditions?
Breaking a bail condition is not usually a criminal offence in itself, but it has consequences. For pre-charge bail, police can arrest you and then charge you, re-bail you or release you. For post-charge police bail or court bail, you can be arrested under section 7 of the Bail Act 1976 and must be brought before a magistrates' court, normally within 24 hours, which may then remand you in custody or change your conditions. Failing to attend when required is different, as that is a separate offence.
What is post-charge police bail?
If you are charged at the police station, the custody officer must decide whether to release you on bail until your first court hearing or keep you in custody to be taken to court, usually the next day. Under section 38 of PACE, you should be released unless there are grounds such as doubt about your name or address, a risk you will not attend court, commit further offences or interfere with witnesses, or a need to protect you or someone else. Conditions can be attached.
Do I have a right to bail at court?
Most defendants have a general right to bail under section 4 of the Bail Act 1976, meaning the court must grant bail unless an exception applies. Exceptions include substantial grounds to believe you would fail to surrender, commit further offences or interfere with witnesses. For many offences, bail cannot be refused on those grounds if there is no real prospect of a custodial sentence. Stricter rules apply to some serious offences, including murder, and to some people charged with serious offences who have similar previous convictions.
What bail conditions can a court impose?
Courts can impose conditions needed to make sure you attend court, do not offend, do not interfere with witnesses, or for your own protection. Common conditions include living at a named address, a curfew, reporting to a police station, not contacting named people, staying out of an area, surrendering your passport, and electronic monitoring (a tag). A court may also require a surety, where someone promises money if you abscond, or a security. Time on a tagged curfew of at least nine hours a day can count partly towards any later sentence.
What happens if I miss court or fail to answer bail?
Failing without reasonable cause to surrender to custody, meaning not turning up at court or the police station when your bail requires, is a criminal offence under section 6 of the Bail Act 1976. You have to prove you had a reasonable cause. In the magistrates' court the maximum penalty is three months' imprisonment or a fine, and it can be dealt with more severely in the Crown Court. A warrant may be issued for your arrest, and future bail becomes harder to get. If you know you will be late, contact your solicitor or the court immediately.
What does being remanded in custody mean?
Being remanded in custody means you are kept in prison, or for under-18s usually youth detention accommodation, until your trial or the next stage of the case, because the court refused bail. Remand is not a punishment and you are presumed innocent. Time spent on remand is normally deducted from any prison sentence you later receive. Remanded prisoners have extra rights, such as more visits and wearing their own clothes in some prisons. Custody time limits restrict how long the prosecution can keep you remanded before trial.
What are custody time limits?
Custody time limits set the maximum time you can be held on remand before a particular stage of the case. Under the Prosecution of Offences (Custody Time Limits) Regulations 1987, the usual limits are 56 days before a magistrates' court trial for summary-only offences, 70 days for either way offences tried there (56 if venue is decided within 56 days), and 182 days from being sent to the Crown Court until trial. The prosecution can ask the court to extend a limit, but must show good and sufficient cause and that it acted with due diligence.
Can I appeal if I'm refused bail?
Yes. If the magistrates' court refuses bail, you can usually make one further full application at the next hearing, and after that new arguments are needed. You can also apply to the Crown Court for bail, and a judge will hear the application, usually within days. If you are in the Crown Court, you can make a fresh application if circumstances change. The prosecution can also appeal against a decision to grant bail for imprisonable offences. A solicitor can make these applications, and legal aid may cover them.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
Have a question this page didn't answer? Ask LawBot, the free Be Crime Wise assistant.
Ask LawBot →