What Happens If You Get Arrested While on Bail?

Being arrested while on bail can lead to serious legal repercussions. Bail is granted as a conditional release after being charged with a criminal offence, allowing you to remain in the community while your case is processed. If you are arrested again while on bail, you may face additional penalties, which could complicate your legal situation and increase the likelihood of being remanded in custody.

What Is Bail?

Bail is a legal process that allows individuals charged with a crime to remain free under certain conditions until their court date or trial. There are two main types of bail:

• Police Bail: When granted by the police after an arrest, allowing you to return home while investigations continue.
• Court Bail: Granted by a court after you’ve been charged with a crime, permitting you to stay free until your trial, provided you follow specific bail conditions.

Bail Conditions

When bail is granted, you are required to comply with specific conditions, which may include:

• Regularly reporting to a police station
• Surrendering your passport or restricting travel
• Obeying curfews
• Avoiding certain individuals or locations
• Abstaining from alcohol or drugs
• Attending all required court hearings

Failure to follow these conditions or being arrested for a new offence while on bail can lead to severe consequences, including the possibility of being remanded in custody.

What Happens If You Are Arrested While on Bail?

If you are arrested while on bail, it signals to the authorities that you may not be complying with the conditions of your release. This can complicate your legal case and lead to additional charges or penalties. Here is what happens when you are arrested while on bail:

1. The New Arrest

If you are arrested again while on bail, the process will be the same as any arrest. The police will take you into custody, and you will be formally charged or questioned about the new offence. However, your current bail status will now come into play, and the police or court will consider this when deciding your next steps.

2. Violation of Bail Conditions

Being arrested while on bail is considered a violation of your bail conditions, especially if your bail explicitly required you to avoid criminal activity. The court or police may view this as a breach of trust, making it less likely that you will be granted bail again.

If the new offence is directly related to any of your bail conditions (such as contacting a person you were ordered to stay away from), this can further worsen the situation.

3. Reevaluation of Bail Status

After your arrest, the police will notify the court of your new offence. A bail hearing may be scheduled to reevaluate whether you should be granted bail again or if you should be remanded in custody until your court date.

At this point, the court will assess:

• The nature of the new offence
• Whether you are a flight risk
• Whether you are likely to comply with future bail conditions
• Your history of following previous bail conditions

The chances of being granted bail a second time decrease significantly if you are arrested while on bail.

4. Potential Consequences of Violating Bail

Violating bail conditions by being arrested again can lead to several possible outcomes:

1. Revocation of Bail and Remand in Custody

The most immediate consequence of being arrested while on bail is the likelihood that your bail will be revoked. If the court believes that you cannot comply with bail conditions, they may decide to remand you in custody until your trial. This means you will remain in prison rather than being allowed to stay in the community.

2. Stricter Bail Conditions

If the court chooses to grant you bail again, it is likely that stricter conditions will be imposed. These conditions may include:

• A tighter curfew
• More frequent check-ins at the police station
• Electronic monitoring (such as wearing an electronic tag)
• Additional restrictions on your movements or activities

The court will make it much harder for you to violate the conditions a second time.

3. Additional Charges

Being arrested while on bail can lead to new criminal charges, depending on the nature of the offence. For instance, if you are arrested for a new crime, you will face prosecution for both the original and the new offences. Additionally, you may be charged with breach of bail, which is a criminal offence in itself.

4. Impact on Your Current Case

Being arrested while on bail will likely impact the original case against you. It can make you appear less trustworthy to the court, and the prosecution may use your new arrest to argue for a harsher sentence or to undermine your defence.

5. Higher Fines or Penalties

The court may also impose financial penalties for breaching bail, particularly if you had to post a bond as part of your bail agreement. If bail was posted by a third party (such as a bail bondsman), they may lose their money if you breach the conditions.

What Happens During a Bail Revocation Hearing?

If you are arrested while on bail, you will typically be called to a bail revocation hearing. This hearing determines whether you should be remanded in custody or if you can remain on bail with new or existing conditions. Here’s what to expect:

• Assessment of Breach: The court will examine whether you have violated your bail conditions by being arrested. This includes evaluating the seriousness of the new offence and any explanations you provide for the breach.
• Opportunity to Defend Yourself: You or your solicitor will have the opportunity to explain the circumstances of your arrest and argue for why you should remain on bail.
• Decision: The court will either revoke your bail and remand you in custody or allow you to remain on bail with more stringent conditions.

What Are Your Rights If Arrested While on Bail?

Even if you are arrested while on bail, you still have rights under UK law. Understanding these rights can help you navigate the legal process:

• Right to Legal Representation: You have the right to consult with a solicitor at any point during your arrest or the bail hearing process. A solicitor can advise you on how to handle your situation and represent you in court.
• Right to Remain Silent: You have the right to remain silent during police questioning beyond providing basic details such as your name and address.
• Right to Bail Consideration: Although being arrested while on bail reduces your chances of being granted bail again, you are still entitled to a hearing where your case will be assessed.

What Should You Do If You Are Arrested While on Bail?

If you are arrested while on bail, it is crucial to take specific steps to protect your legal standing and minimise the consequences:

1. Contact Your Solicitor: Inform your solicitor of your new arrest immediately. They will provide legal advice and help you prepare for your bail revocation hearing.
2. Cooperate with Authorities: Remain calm and respectful during your arrest. Cooperating with the police can work in your favour during the court hearing.
3. Attend All Hearings: Missing a hearing while on bail or failing to comply with bail conditions further complicates your situation. Ensure you attend all scheduled court dates and comply with any new orders.
4. Provide a Strong Defence: Work with your solicitor to provide evidence or arguments that explain the circumstances of your arrest and demonstrate your willingness to comply with bail conditions in the future.

Conclusion

Being arrested while on bail is a serious matter that can have significant consequences for your legal case. It is seen as a breach of trust by the court and may lead to the revocation of your bail, additional charges, and stricter conditions or even a remand in custody.

The best course of action if you are arrested while on bail is to contact a solicitor immediately, cooperate with law enforcement, and follow all legal procedures closely. Understanding your rights and responsibilities can help you navigate this challenging situation and reduce the negative impact on your case.