Bail in the United Kingdom

Bail in the United Kingdom is the practice of releasing individuals from remand subject to certain conditions which are designed to enable criminal justice outcomes, primarily trials and police investigations, to be completed efficiently and effectively. The right to bail is guaranteed in a wide range of contexts but is not absolute.^[1] The legal systems of England and Wales, Northern Ireland and of Scotland each deal with bail in similar but distinct ways. Bail can be granted by the courts, the police and certain other criminal justice authorities including the Serious Fraud Office (SFO) and Financial Conduct Authority (FCA).

Bail in this context is distinct from the bail bonds system applied in the United States, and the approaches of the two systems differ markedly. The United Kingdom's approach to bail is more comparable to other common law jurisdictions including Canada, Australia, New Zealand and a number of Commonwealth nations, and British Overseas Territories to which English law applies directly.

'Bail' can refer to the release of a person from custody with or without conditions. All instances of bail (including 'unconditional bail') incorporate the requirement of appearing before a court at a set time and date. Where a person is released without any requirements on them at all, but is still being investigated, this is usually termed Release Under Investigation (RUI). A person may also be released with No Further Action (NFA) when they are no longer under suspicion. Release NFA is only terminology and does not inhibit the police from reopening investigations.

Immigration bail refers to the practice of releasing individuals from immigration detention subject to conditions. It is a separate system from that of criminal offences bail. Unlike with bail in criminal offences, immigration bail does not necessarily occur because of a suspicion that the person has acted unlawfully, though this may be a reason for detention. It is common for government officials or law enforcement agents to make immigration bail decisions on behalf of the Secretary of State. The First Tier Tribunal (Immigration and Asylum Chamber) may also make immigration bail decisions.