Being placed on pre charge bail can be a worrying experience. Many people assume that bail automatically means a charge will follow. In reality, pre charge bail does not mean that you will definitely be charged. It simply means that the police investigation is ongoing and that a final decision has not yet been made.
What Is Pre Charge Bail?
Pre charge bail is used when the police need more time to investigate an allegation but believe it is necessary to release a suspect with conditions. These conditions may restrict contact with certain individuals, limit where you can go, or require you to return to the police station on a specified date. Bail is intended to allow enquiries to continue while managing any perceived risks.
Does Bail Automatically Lead to a Charge?
No. Being on pre charge bail does not mean that you will be charged. In many cases, investigations conclude with no further action being taken. The police may determine that there is insufficient evidence, that the allegation cannot be proved, or that it is not in the public interest to pursue the matter further.
Bail is often used in complex cases where evidence still needs to be gathered, such as obtaining forensic results, reviewing digital material, or taking further witness statements. Until this process is complete, no charging decision can be made.
Possible Outcomes While on Bail
There are several possible outcomes once the investigation is complete. You may be charged and required to attend court. Alternatively, the case may be closed with no further action, meaning the matter comes to an end without charge. In some situations, the police may release you under investigation instead of extending bail, allowing enquiries to continue without bail conditions.
The decision will depend on the strength of the evidence and whether the legal test for charging is met.
The Role of the Crown Prosecution Service
In many cases, the police will seek advice from the Crown Prosecution Service before making a charging decision. The CPS applies the same two stage test used in all charging decisions. They consider whether there is a realistic prospect of conviction and whether a prosecution is in the public interest.
If either part of this test is not satisfied, a charge should not be authorised, even if the investigation has been lengthy.
Can Bail Be Extended?
Pre charge bail is time limited but can be extended if the police can justify why further time is needed. Extensions must meet strict legal requirements and, in some cases, require court approval. Bail should not be used unnecessarily or for longer than is reasonable in the circumstances.
What Should You Do While on Pre Charge Bail?
It is important to comply fully with all bail conditions, as breaching them can result in arrest and further consequences. It is equally important to seek legal advice as early as possible. A solicitor can engage with the police, challenge unnecessary bail conditions, make representations about the progress of the case, and press for a timely and fair decision.
Why Legal Advice Matters
Early legal advice can make a significant difference to the outcome of a case. A solicitor can identify weaknesses in the evidence, provide representations to the police or CPS, and help bring matters to a conclusion without charge where appropriate. Waiting passively while on bail can prolong uncertainty and stress.
How Can We Help?
We have over 30 years’ experience of criminal defence work. By staying on top of changes in legislation and case law, we can give our clients the best possible advice. . If you would like to discuss any aspect of your case, please contact Tarsem Salhan on 0121 605 6000 or at tsalhan@salhan.co.uk.