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Failing to surrender to custody (bail)

s.6Bail Act 1976

Failing, without reasonable cause, to surrender to custody when released on bail in criminal proceedings, or failing to surrender as soon as reasonably practicable after having reasonable cause.

Failing to surrender to custody (bail) · Bail Act 1976, s.6Card 113 / 85

Points to prove

s.6(1)Released on bail in criminal proceedings
s.6(1)Failed without reasonable cause to surrender to custody
s.6(2)Released on bail in criminal proceedings
s.6(2)Having reasonable cause, failed to surrender to custody
s.6(2)Then failed to surrender at the appointed place as soon after the appointed time as was reasonably practicable

Key definitions

Bail in criminal proceedings – s.1(1): bail granted in or in connection with proceedings for an offence to a person accused or convicted of it, bail granted in connection with an offence to a person under arrest for it (including police bail), and bail in extradition proceedings.
Surrender to custody – s.2(2): surrendering into the custody of the court or the constable (according to the terms of the bail) at the time and place for the time being appointed.

Defences

Reasonable cause – the burden is on the defendant to prove it (s.6(3)), on the balance of probabilities.
Not being given a copy of the record of the bail decision is not reasonable cause (s.6(4)).

Good to know

s.6(2) catches the person with a good reason for missing the appointed time who then does not surrender as soon as reasonably practicable afterwards.
The usual 6-month time limit for summary offences (s.127 Magistrates’ Courts Act 1980) does not apply (s.6(10)). For police bail, the information must be laid within 6 months of the offence, or within 3 months of the person next surrendering, being arrested or attending a police station, or appearing in court for the offence (s.6(11) to (14)).
A certified copy of the bail record is evidence of the time and place appointed for surrender (s.6(8)).

Legislation: Bail Act 1976, s.6 (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only (or dealt with as a criminal contempt of court)
Maximum penalty: 3 months' imprisonment and/or a fine (summary); 12 months' imprisonment and/or a fine if committed to the Crown Court for sentence or dealt with as a contempt