Justice, police powers and breaches
Failure to surrender to bail
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way (as charged)
- Maximum penalty
- 3 months' custody in the magistrates' court; 12 months' custody in the Crown Court
Actus reus
- Having been released on bail, fail without reasonable cause to surrender to custody at the appointed time/place.
Mens rea
- Failure is proved by non-surrender; "reasonable cause" is the usual issue (illness, genuine mistake as to date/court, etc.).
Defences
Reasonable cause for failure to surrender · Not given adequate notice of surrender details · Already in custody elsewhere · Administrative error
Sentencing Council
Sentencing Council guideline effective 1 October 2018. Offence range: discharge to 26 weeks' custody (subject to the court maxima above).
At the police station
Often discovered when the client is arrested on a warrant. Document reasons for missing court immediately. Advise that a later guilty plea to the bail offence is common once facts are clear.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Bail Act 1976, s.6 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Public justice offences ↗