Lydia Pearce Pupil Barrister at Broadway House Chambers Expert on Pre-Charge Bail
Lydia PearcePupil Barrister at Broadway House ChambersExpert on Pre-Charge Bail

I'm being re-bailed, will it be for 28 days?

As of the 3rd April 2017 all new pre-charge bails are (in standard cases) initially limited to 28 days.


The Act will not act retrospectively, this means that for those people already on pre-charge bail on the 3rd April that bail is still valid and bailees are obligated to return to the police station at the time and date shown on their bail papers.


But the most common question I have been asked is, what will happen to those people when they answer bail after the 3rd April and the police decide to re-bail them. Will that re-bail be limited to 28 days?


It is my interpretation that a re-bail from an arrest prior to 3rd April will NOT be limited to 28 days. This is because the intial applicable bail period of 28 days runs from the day after the day of initial arrest. If the bailee is answering bail they have not been arrested and therefore the 28 day limit will not apply.


However, the bailee will be bailed by a Custody Sergeant who should be increasingly reticent to use pre-charge bail. Therefore you may be in luck and be released from bail this time around (there are no guarantees though!)


If the bailee is released from bail but then re-arrested at a later date for the same offence, it is my interpretation that any pre-charge bail following that arrest will fall under the new rules and be limited to an initial 28 days (in a standard case).

Contact for your free copy of Guidance to Pre-Charge Bail

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