When does bail apply?

Overview

Arrest

When charged with a criminal offence, a person is will either be remanded in custody or granted bail awaiting the finalisation of the prosecution.

What is an arrest?

The procedure where a person is taken into police custody to be charged with a criminal offence or to be brought before a court and must remain in police custody until granted bail or until a court deals with their charges.

What is bail?

In criminal proceedings bail refers to the release of a prisoner from legal custody and an agreement, sometimes described as an “undertaking”, to turn up to court.  A person on bail may be required to abide by certain conditions, for example living at a certain address, not being allowed to contact certain people, or reporting at a police station.

What is custody?

A person who is in custody is either in a remand center (awaiting a hearing) or in prison, serving out a sentence. Pending finalisation of the prosecution, they remain in custody unless they are granted bail.