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Breach of Bail

A person can breach their bail in two ways:

If a person does not turn up at a police station or court at the time they were told to (this can be called failure to surrender). Failing to surrender is a criminal offence.1

If a person does not obey (follow or keep to) the conditions of their bail, they can be arrested (this can be called breaching bail conditions). Breaching bail conditions is not a criminal offence but the police or court may change the conditions or decide not to re-grant bail and remand the person into custody.2

  1. Section 6, Bail Act 1976  (back)
  2. Section 7 of the Bail Act 1976  (back)