Non-Contact Bail Conditions

Understanding Bail

‘Bail’ refers to the temporary release of a person from police custody or the court, requiring them to return at a specified time.

Police bail is applied when further investigation is needed but keeping the individual in custody is unnecessary. For instance, if Mr P is arrested for common assault and denies involvement, naming another individual and suggesting CCTV evidence, the police may need time to verify his claims. Detaining Mr P for the duration of their enquiries would be unreasonable. Instead, he may be released on police bail with a return date, usually up to three months from the arrest. Failing to attend can lead to a warrant for his arrest.

Court bail is somewhat different and follows a formal charge. A person granted court bail must attend hearings as required. Failing to do so may result in an arrest warrant, and their subsequent bail status could be jeopardised. Failure to surrender to court bail is a criminal offence, punishable by up to 12 months’ imprisonment.

Conditions of Bail

Both police and court bail can include conditions to mitigate risks associated with releasing the accused. These conditions, including those of non-contact, are designed to:

1. Prevent further offences.
2. Protect victims and witnesses from harm or intimidation.
3. Ensure the accused attends court or the police station as required.
4. Safeguard vulnerable individuals.

Bail Conditions: Understanding Non-Contact Conditions

Bail allows individuals to remain out of custody while awaiting trial or investigation, often with conditions attached. One common condition is the non-contact condition, prohibiting the accused from communicating with specific individuals, typically the alleged victim, witnesses, or co-accused. Non-contact conditions aim to prevent interference with legal processes or harm to others. Compliance is critical, as breaches can lead to repercussions such as bail revocation and/or commission of further offences such as witness intimidation. These conditions are typically worded as:

“[Accused’s name] must not have any contact, directly or indirectly, with [name of protected individual(s)].”

Pre-Charge Bail Conditions

Pre-charge bail allows suspects to remain free while investigations continue. Although the individual is not yet charged, the police impose conditions, including non-contact conditions, to ensure cooperation and protect those involved in the case.

Why Is Pre-Charge Bail Imposed?

Pre-charge bail serves several purposes:

• Ensuring cooperation with investigations: The suspect must attend the police station on the bail return date, enabling further questioning or decisions about charging.
• Preventing interference: Conditions, such as non-contact orders, reduce risks of witness intimidation or attempts to influence the investigation.
• Protecting victims and the public: These measures ensure safety while enquiries progress.

Pre-charge bail is initially limited to three months, referred to as the Applicable Bail Period (ABP) or the ‘Bail Clock.’ However, this period is frequently extended due to resource limitations. Extensions up to nine months may be approved by a senior officer, with further extensions requiring Magistrates’ Court approval. Investigations by the National Crime Agency may involve six-month bail periods. If a case is referred to the Crown Prosecution Service, the ‘Bail Clock’ is paused.

All bail conditions, including pre-charge non-contact conditions, must be necessary and proportionate. It falls to the Custody Sergeant to ensure these criteria are met, leading to a broad application of conditions tailored to individual cases.

Post-Charge/Court Bail and Its Conditions

Once charges are authorised, the accused may be granted bail pending their court appearance. This post-charge bail transitions to court bail after their initial hearing.

There is a presumption of bail by the court, except in serious cases such as murder, rape, or manslaughter, where stricter criteria apply. 

Why Is Court Bail Imposed?

Conditions imposed on a person on court bail reflect concerns similar to pre-charge bail, with an added focus on ensuring attendance at hearings. Courts consider factors such as:

• Seriousness of the offence: More serious offences may result in stricter conditions, including non-contact orders.
• Risk of reoffending: Conditions like curfews and non-contact orders aim to prevent further criminal acts.
• Protection of victims and witnesses: Where intimidation or retaliation is a concern, non-contact conditions are imposed to shield individuals from communication.

Both police and courts have the authority to include non-contact conditions in bail packages, prioritising the protection of involved parties and ensuring the judicial process is not obstructed.

How We Can Help: Managing or Removing Bail Conditions

Understanding and adhering to bail conditions, particularly non-contact conditions, can be daunting and in many circumstances very difficult. Old Bailey Solicitors offer expert guidance to help clients navigate these restrictions, explore modifications, or seek removal when appropriate. Your rights are our priority, and we are dedicated to assisting you at every stage.

What a Condition of Non-Contact Means

Non-contact conditions are common, especially in allegations involving harassment, domestic violence, or situations where there is potential for harm or intimidation. These conditions prohibit the accused from contacting specific individuals, safeguarding victims and witnesses and preventing interference in the judicial process.

Defining Direct and Indirect Contact

Understanding the scope of direct and indirect contact is crucial to avoid breaches:

• Direct Contact: Includes face-to-face interactions, such as meetings or verbal exchanges, communication via phone/email/social media or any other contact where the person with the condition themselves contacts the protected person.
• Indirect Contact: Covers communication via third parties, such as messages relayed through mutual friends/family.

Both forms are strictly prohibited (unless the condition specifies an exception – such as ‘except in relation to child contact’). Breaches of police bail can lead to arrest and potential other offences being committed, such as witness intimidation. Breaches of court bail can lead to arrest and specific Bail Act offences being committed, as well as other offences such as witness intimidation.

What to Do if a Named Person on Your No-Contact Bail Condition Contacts You?

If someone named in your non-contact bail condition reaches out to you, it is vital to handle the situation cautiously:

1. Avoid responding: Do not engage in any communication, including calls, texts, or social media. Even to say ‘leave me alone’, or ‘I cannot talk to you’.
2. Document attempts at contact: Keep records of any interactions, noting dates, times, and the nature of communication. Screenshots or notes may serve as evidence if needed.
3. Inform Us: Notify your legal representative immediately, providing all relevant details to ensure you receive appropriate advice.
4. Consider reporting to the police: If the contact feels threatening or harassing, consult your solicitor on whether to alert police. Oftentimes, those protected by bail conditions need reminding by police not to contact you also.

Defence Against Alleged Breaches

If accused of breaching a non-contact condition, or any breach of bail, seek legal assistance immediately. Breaches can result in remand in custody and may impact future bail applications. Old Bailey Solicitors are equipped to provide a robust defence, ensuring your case is presented effectively and your rights are upheld. Addressing such allegations promptly and professionally is crucial to protecting your freedom and future.