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Failure to surrender to bail

Justice, police powers and breaches — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Justice, police powers and breaches

Failure to surrender to bail

Bail Act 1976, s.6

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).

View definitive guideline ↗

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.

More in Justice, police powers and breaches

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.