Understanding Bail Conditions

At times Leicestershire Police will come into contact with families who are clients for social care services. In some cases suspects will be arrested and given bail with conditions, so that either further enquiries can be carried out, to ensure they can attend court and to support the safeguarding of vulnerable families.

Often bail is granted subject to certain conditions, which are designed to reduce the risk of further offences being committed. These may include a ban on making contact with alleged victims or witnesses, a ban on visiting certain locations, or a requirement to live at a particular address.

Although the police will monitor and where necessary take action for any breaches, you should not assume that the suspects will obey those conditions. You should still consider a full range of options to safeguard vulnerable families and individuals.

Most bail conditions imposed by the police follow a suspect being charged to appear at court however some conditions are imposed pre-charge if the police deem this is both necessary and proportionate which are given the normal dictionary meaning and this has to be authorised by an officer of at least the rank of Inspector. The majority of people arrested for breaching bail conditions relate to those imposed by the courts, as oppose to bail conditions imposed by the police.

Conditions can only be imposed which are necessary to ensure the offender's appearance at court, that offences are not committed on bail, or to prevent interference with justice or witness

Types of conditions

The reasons for bail conditions should be specific and justifiable. The conditions must be effective and capable of being enforced.

Examples of bail conditions include:

• The defendant must not contact, either directly or indirectly, a named person or people, for example the victim and any children;

• the defendant must not go to a named place, for example the victim's place of work, shopping area or children's school;

• the defendant must reside at a named address;

• the defendant must report to a named police station on a given day or days at a given time;

• the defendant must abide by a curfew between certain specified hours;

• the defendant must wear an electronic tag.

Breach of bail conditions is not an ‘Offence’ but does carry a power of arrest.

Up to 90% of defendants are successfully bailed with conditions, which are complied with and has therefore meant that the victim or community has being protected from further harm while preventing the need for unnecessary or inappropriate detention in police custody or prison custody.

Leicestershire Police

04.08.2017