Bail & Release
Pre-charge bail time limits, released under investigation (RUI), post-charge bail and the conditions and breach procedures that apply — an officer quick-reference cited to PACE 1984 and the Bail Act 1976, as reformed by the Police, Crime, Sentencing and Courts Act 2022.
Unofficial independent resource — always verify with official sources (College of Policing, your force, PFEW).
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What are the current pre-charge bail time limits and how do bail and RUI differ?
Pre-charge bail is used when a suspect is released before a charging decision is made. Since the Police, Crime, Sentencing and Courts Act 2022 (in force 28 October 2022), the initial applicable bail period of 3 months runs automatically once the custody officer grants bail, extendable to 6 months by an inspector and 9 months by a superintendent; beyond 9 months an application must be made to the magistrates' court. Released Under Investigation (RUI) has no statutory time limit and no formal conditions.
After charge, the custody officer decides whether to bail or detain under a presumption of bail (s.38 PACE 1984). Breach of pre-charge bail conditions is dealt with by arrest under s.46A PACE 1984, and breach of post-charge bail is dealt with under the Bail Act 1976.
A reference to pre-charge bail time limits, release under investigation (RUI), post-charge bail and the conditions and breach procedures that apply under PACE 1984 and the Bail Act 1976, as reformed by the Police, Crime, Sentencing and Courts Act 2022. It is educational reference, not tactical guidance — follow your force policy, training and current law.
Pre-Charge Bail (PACE ss.47ZA–47ZM)
Pre-charge bail is used when a suspect is released before a charging decision is made. Once the custody officer grants bail, the initial applicable bail period of 3 months runs automatically (Police, Crime, Sentencing and Courts Act 2022, in force 28 October 2022).
It can be extended to 6 months by an inspector, then to 9 months by a superintendent. Beyond 9 months, an application must be made to the magistrates’ court for further extensions.
Conditions can be imposed including: residence, curfew, exclusion zones, non-contact requirements, surrender of passport, and electronic monitoring where available.
The “applicable bail period” means you cannot bail a suspect indefinitely — there are statutory time limits that must be observed.
Released Under Investigation (RUI)
RUI means the suspect is released without any formal bail conditions. There is no time limit and the suspect is not required to return on a specific date.
Force policy typically sets review timescales for RUI cases, but these are not statutory requirements.
A key concern: the victim is not formally informed of the suspect’s release, unlike with bail. This has been widely criticised.
The Police, Crime, Sentencing and Courts Act 2022 rebalanced the use of bail vs RUI — making pre-charge bail the expected route in more cases and setting the initial applicable bail period at 3 months.
Post-Charge Bail (s.38 PACE)
After a suspect is charged, the custody officer decides whether to bail or detain. There is a presumption of bail.
Bail can be refused if: the suspect has no verifiable address, bail is needed for their own protection, there is a risk of failure to appear, a risk of further offences, or a risk of interference with the investigation.
If bail is refused, the suspect must be brought before the next available court (usually the following morning).
Breach of Bail
Breach of pre-charge bail conditions: arrest under s.46A PACE 1984. The suspect is returned to custody.
Breach of post-charge bail conditions: arrest under the Bail Act 1976.
Breaching bail conditions is not a separate criminal offence in itself — except for failure to surrender to court, which is an offence under s.6 Bail Act 1976.
On re-arrest for breach, consider whether stricter conditions are appropriate. The suspect can be re-bailed with amended conditions.
Bail Conditions Reference
| Condition | Description |
|---|---|
| Residence | Where the suspect must live for the duration of bail. |
| Curfew | Specific hours they must remain at their home address. |
| Exclusion zones | Places or streets the suspect must avoid. |
| Non-contact | Specific people the suspect must not approach or communicate with. |
| Surrender passport | Prevent flight abroad — passport held by police. |
| Report to police station | Regular check-ins at a named station on specified days/times. |
Related reading
Primary sources
BlueLineHub is independent and unofficial. Always verify with the authoritative source below.
- Verify on official source
PACE 1984, section 37 — duties of custody officer before charge
The custody officer's charge/release decision underlying the choice between pre-charge bail and release under investigation.
Last checked: August 2026 - Verify on official source
PACE 1984, section 38 — duties of custody officer after charge
The post-charge bail decision and the presumption of bail.
Last checked: August 2026 - Verify on official source
PACE 1984, section 47 — bail after arrest
General bail-after-arrest provisions, including re-bail with amended conditions after a breach.
Last checked: August 2026 - Verify on official source
PACE 1984, sections 47ZA–47ZM — pre-charge bail time limits and conditions
The statutory pre-charge bail periods — 3 months (s.47ZB, automatic on grant of bail), 6 months (inspector, s.47ZD), 9 months (superintendent, s.47ZDA), then magistrates' court (s.47ZF) — and the conditions that may be imposed, as amended by the 2022 Act.
Last checked: August 2026 - Verify on official source
PACE 1984, section 46A — power of arrest for failure to answer to police bail
The power to arrest a person who breaches, or fails to answer, police bail.
Last checked: August 2026 - Verify on official source
Bail Act 1976, section 4 — general right to bail
The presumption of bail referenced for the post-charge bail decision.
Last checked: August 2026 - Verify on official source
Bail Act 1976, section 6 — offence of absconding by a person released on bail
Failure to surrender to custody as an offence, referenced in the breach-of-bail section.
Last checked: August 2026 - Verify on official source
Police, Crime, Sentencing and Courts Act 2022
The 2022 reform (in force 28 October 2022) that set the current pre-charge bail periods and rebalanced bail vs RUI.
Last checked: August 2026
Frequently asked
- What is the initial pre-charge bail period?
- 3 months, running automatically once the custody officer grants bail. It can be extended to 6 months by an inspector, then to 9 months by a superintendent; beyond 9 months an application must be made to the magistrates' court for further extensions.
- What is the difference between bail and Released Under Investigation (RUI)?
- RUI releases the suspect without any formal bail conditions and no statutory time limit. Unlike bail, the victim is not formally informed of the suspect's release, which has been widely criticised.
- What happens if someone breaches their bail conditions?
- Breach of pre-charge bail conditions is dealt with by arrest under s.46A PACE 1984, and the suspect is returned to custody. Breach of post-charge bail conditions is dealt with under the Bail Act 1976; breaching conditions alone is not a separate offence, except failure to surrender to court, which is an offence under s.6 Bail Act 1976.