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Failure to surrender to bail

s.6 Bail Act 1976 · Crown Court / Magistrates

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Sentencing framework

The guideline for failure to surrender to bail outlines a structured approach to sentencing based on the offender’s culpability and harm caused. It identifies three categories of culpability and harm, each tied to specific starting points and ranges for sentencing, including custodial sentences, community orders, and fines. Additionally, aggravating and mitigating factors are considered to adjust the sentence appropriately, ensuring fair penalties that reflect both the offence's seriousness and the offender's circumstances.

Maximum sentence

12 months’ custody (3 months for magistrates’ court)

Court

Crown Court / Magistrates

Starting point

6 weeks’ custody

Offence range

Discharge – 26 weeks’ custody

Aggravating factors

  • ·Previous convictions
  • ·History of breach of court orders or police bail
  • ·Distress to victim(s) and/or witness(es)
  • ·Offence committed on licence or while subject to post sentence supervision

Mitigating factors

  • ·Genuine misunderstanding of bail or requirements
  • ·Prompt voluntary surrender
  • ·Assisting or cooperating with the investigation and/or making pre-court admissions
  • ·Sole or primary carer for dependent relatives
  • ·Pregnancy, childbirth and post-natal care
  • ·Difficult and/or deprived background or personal circumstances
  • ·Prospects of or in work, training or education

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

  1. Step 1 — determining the offence category
  2. Step 2 — assessing culpability and harm
  3. Step 3 — considering factors for reduction
  4. Step 4 — considering guilty pleas
  5. Step 5 — applying totality principle
  6. Step 6 — deciding on ancillary orders
  7. Step 7 — giving reasons for the sentence
  8. Step 8 — reviewing time spent on bail

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.