Arrest for breach of bail

s.7Bail Act 1976

Lets a constable arrest without warrant a person on court bail who is unlikely to surrender, has broken or is likely to break a bail condition, or whose surety has asked to be released.

Arrest for breach of bail · Bail Act 1976, s.7Card 17 / 59

When you can use it

The person has been released on bail in criminal proceedings and is under a duty to surrender into the custody of a court
s.7(3)(a)Reasonable grounds for believing the person is not likely to surrender to custody, or
s.7(3)(b)Reasonable grounds for believing the person is likely to break a bail condition, or for suspecting they have broken one, or
s.7(3)(c)The person was bailed with a surety, and a surety has told a constable in writing that the person is unlikely to surrender and the surety wishes to be relieved of their obligations

What it allows

Arrest without warrant of a person on court bail, on any one of the three grounds in s.7(3).
Detention only until the person can be put before a justice. The decision on bail is then the court’s, not the police’s.

Key definitions

Duty to surrender into the custody of a court – s.7(3): covers people bailed by a court, and people bailed by the police to appear at court. It does not cover someone bailed to return to a police station.
Believing / suspecting – limb (a) and the “likely to break” part of limb (b) need reasonable belief. Only an actual past breach under limb (b) can rest on reasonable suspicion.
Surety – a person who has promised to pay money if the defendant fails to surrender. Under limb (c) the written notice is the ground. The officer needs no belief of their own.

Safeguards

Give the ground for arrest at the time, or as soon as practicable (PACE s.28).
At a police station the person is covered by PACE Code C (para 1.10), including the custody record and rights to legal advice.
s.7(4): bring them before a justice of the peace as soon as practicable, and within 24 hours of arrest at the latest. If arrested within 24 hours of the time they were due to surrender, take them to the court they were due to attend.
s.7(7): Christmas Day, Good Friday and Sundays do not count towards the 24 hours. In murder cases a Crown Court judge deals with it, and Saturdays and bank holidays also do not count (s.7(8)).

Good to know

Breaking a bail condition is not an offence in itself. Failing to surrender without reasonable cause is an offence under s.6.
The justice may remand the person in custody or grant bail on new conditions. If not satisfied of a likely failure to surrender or a breach, the justice must re-bail on the original conditions (s.7(5)).
s.7(5A): an adult not yet convicted, with no real prospect of a custodial sentence, cannot be remanded in custody.
Breaches of pre-charge police bail are dealt with under PACE s.46A, not s.7. Extradition bail has its own power in s.7(4A).

Legislation: Bail Act 1976, s.7 (opens legislation.gov.uk in a new tab)
Who can use it: A constable
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Arrest for breach of bail: questions people ask

When can the police use arrest for breach of bail?

1. The person has been released on bail in criminal proceedings and is under a duty to surrender into the custody of a court 2. Reasonable grounds for believing the person is not likely to surrender to custody, or 3. Reasonable grounds for believing the person is likely to break a bail condition, or for suspecting they have broken one, or 4. The person was bailed with a surety, and a surety has told a constable in writing that the person is unlikely to surrender and the surety wishes to be relieved of their obligations

Who can use arrest for breach of bail?

A constable.

What law gives the power for arrest for breach of bail?

Bail Act 1976, s.7.

More powers of arrest

All powers of arrest