Breaching Police Bail Conditions. Is it a crime?
The police can arrest you for breaching police bail conditions under their general powers to ensure compliance with bail. While breaching police bail is not a standalone criminal offence, the arrest is intended to enforce the conditions and maintain control over the investigation process.
Here is how it works:
Legal Basis for Arrest
Under Section 46A of the Police and Criminal Evidence Act 1984 (PACE), if someone breaches their police bail conditions, the police can arrest them without needing a warrant. This power is used to ensure the individual complies with the conditions set and does not jeopardise the investigation or public safety.
What Happens After Arrest
After being arrested for breaching bail conditions:
1. The police may warn and release you on the same conditions.
2. They could impose stricter conditions or extend your bail period.
3. They might charge you with an offence, if there is sufficient evidence, and bring you before a court.
Why This Matters
While the breach itself is not a crime, the police are granted these powers to prevent harm, interference with witnesses, or the risk of reoffending during an ongoing investigation.
If you believe your arrest or conditions are unfair, you can challenge them with the help of a solicitor.