Bail Conditions in Sexual Offence Investigations – What You Can and Cannot Do

Bail Conditions in Sexual Offence Investigations – What You Can and Cannot Do

If you are arrested in the UK for a sexual offence and released while the investigation continues, you may be granted bail. Bail conditions in sexual offence investigations can be strict, limiting your movements, restricting contact with certain individuals, and even controlling your internet use.

Bail conditions are legally binding, and breaching them — even unintentionally — can result in arrest and detention until trial. At Makwanas, our specialised sexual offence solicitors regularly challenge bail conditions that are too restrictive, unlawful, or unnecessary, helping clients regain as much freedom as possible while their case is ongoing.

Book Your Free Discovery Call Today – Speak to a sexual offence defence solicitor about your bail terms.

The Legal Purpose of Bail Conditions

Bail conditions are intended to:

• Protect the complainant and witnesses from harassment or intimidation.
• Prevent interference with evidence or the investigation.
• Reduce the risk of further alleged offending.
• Ensure you attend all court hearings.

They are authorised either by the police under the Police and Criminal Evidence Act 1984 (PACE) or by the court under the Bail Act 1976.

Common Bail Conditions in Sexual Offence Cases

• No Contact Conditions – Bans on direct or indirect contact with the complainant or certain witnesses. This can include social media messages, phone calls, or contact via mutual friends.
• Residence Requirements – You must live at a specific address, sometimes outside your usual home.
• Exclusion Zones – Restrictions on entering certain areas, such as the complainant’s home, workplace, or school.
• Internet and Device Restrictions – Limits on internet access, use of smartphones, or possession of certain devices in cases involving online offences.
• Surrender of Passport – Prevents overseas travel during the investigation.
• Curfews – Requires you to remain at your bail address during specific hours.

Duration of Bail Conditions

Bail can last for:

• Weeks or months if the investigation is short.
• Over a year in complex cases, especially those involving digital evidence or historic allegations.
• Until charge, no further action (NFA) decision, or trial.

Since 2017, pre-charge bail has been subject to time limits (initially 28 days, extendable in serious cases), but in practice, extensions are often granted for sexual offence investigations.

Changing or Removing Bail Conditions

Your solicitor can:

• Apply to the police to vary conditions before charge.
• Apply to the magistrates’ court to vary or remove court-imposed conditions.
• Present evidence that the conditions are overly restrictive or unnecessary.

What Happens if You Breach Bail Conditions

Breach of bail conditions is treated seriously and can result in:

• Immediate arrest.
• Detention in custody until trial.
• A judge considering the breach as evidence you cannot be trusted to comply with court orders.

FAQs: Bail Conditions in Sexual Offence Investigations

1. Can bail conditions stop me living with my family?

Yes — especially if the complainant is a family member or lives at the same address.

2. Can I contact people indirectly?

No — “indirect contact” through others is usually prohibited.

3. Can conditions stop me going online?

Yes — in certain sexual offence cases involving digital evidence.

4. Can bail conditions change without a hearing?

Yes — the police can amend pre-charge bail; courts handle post-charge variations.

5. What if bail conditions affect my job?

A solicitor can request a variation to allow work if it does not risk breaching restrictions.

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