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PRE-CHARGE BAIL

PRE-CHARGE BAIL

Sohail Bashir is a Freelance Solicitor who is 100% focused and committed to achieving the best results for his clients. If the police want to release you on pre-charge bail, he will apply his legal and technical expertise to pursue all possible lines of enquiry to seek your release without any pre-charge bail and, as swiftly as possible, an end to your involvement in police enquiries.

Sohail can take the following actions on your behalf:

  • Consult directly with the police and discover the exact nature of their suspicions.

  • Find out the evidence the police are relying on that makes pre-charge bail necessary and proportionate.

  • Negotiate with the police to have you released with no bail or conditions.

  • Continue investigating your case and work to have any further investigations involving you dropped.

Sohail is passionate about providing people with access to justice and will never give up until he achieves results for his clients.

What is pre-charge bail?

If the police have arrested you because they suspect you have committed a criminal offence they can only hold you for 24 hours (this can be extended to up to 36 or 96 hours for serious offences such as murder), after which they must either charge you or release you. If they still suspect you of committing an offence but need more time to investigate the matter, the police can release you on pre-charge bail.

How long can I remain on pre-charge bail?
The initial pre-charge bail period is for three months. This can be extended twice, each time by an additional three months. To impose pre-charge bail for longer than nine months, the police must apply to the Magistrates’ Court.
Can the police attach conditions to pre-charge bail?
Yes, in most cases, conditions will be attached. Examples of common conditions are the requirement to attend the police station several times per month and/or not to travel overseas without informing the police.
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The police have a legislative duty to inform complainants about changes to pre-charge bail conditions. Also, if reasonable and practicable, the police must seek the complainant’s views of any pre-charge bail conditions, particularly concerning their safety.
What is the difference between pre-charge bail and being released under investigation?
Pre-charge bail was introduced in 2017 through the Policing and Crime Act 2017. However, over time concerns began to be raised about how long suspects were being subjected to pre-charge bail and the sometimes arduous conditions they had to abide by for months or even years whilst investigations remained ongoing.
The Police and Crime Act 2017 introduced a presumption against pre-charge bail. Instead, suspects were more likely to be released under investigation (RUI). As time went on, the flaws in RUI became apparent, namely that suspects could remain on RUI for long periods as no statutory time limits applied and the risk to the complainant’s safety because police could not impose any conditions when releasing someone under investigation.
Following extensive public consultation, in November 2022 under Schedule 4 of the Police, Crime, Sentencing and Courts Act 2022 the presumption against pre-charge bail was removed. Police are now encouraged to use pre-charge bail in every case where it is necessary and proportionate. Although police can still release a suspect under investigation, instances of them doing so are expected to drop significantly.
How can Sohail help with pre-charge bail?
Sohail can engage with the police on your behalf and strenuously argue that you should be released without pre-charge bail or at least with no conditions attached. He will then resolutely chase up the police to ensure the outcome of your case is decided swiftly, your personal property is returned, and gather and present evidence to the police to have your matter closed.
Sohail is a fully qualified freelance solicitor regulated by the Solicitors Regulation Authority (SRA) and the Law Society. He must therefore abide by professional codes of conduct, including acting with honesty and integrity and will always act in his client’s best interests.

If you have been arrested or asked to come to the police station to answer questions, please email Sohail immediately:

Pre-Charge Bail Solicitor Covering police station interviews and court cases in London, St Albans, Hatfield, Watford, Stevenage, Hemel Hempstead, Luton, Bedford, Essex, Milton Keynes, Northampton, High Wycombe, Cambridge & beyond.
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