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If you’re wondering what happens at a bail hearing, you’re not alone. Bail hearings can be a daunting part of the court process, especially if you’re unfamiliar with the legal system in England and Wales. This guide, prepared by our experienced Criminal Law Solicitors, explains what to expect, how bail decisions are made, and how you can access expert legal help – including a bespoke pre-decision bail service offered by Fosters Solicitors.
A bail hearing is a formal process in which a court decides whether a person accused of a criminal offence should be released from custody while awaiting trial. Bail can be granted by the police (known as police bail) or by the court (court bail hearing). The hearing considers several factors, including the nature of the offence, the risk of absconding, and the likelihood of interfering with witnesses or committing further offences.
The court may grant unconditional bail, impose specific bail conditions, or refuse bail altogether and remand the defendant in custody. Understanding your rights and responsibilities during this process is essential.
There are two main types of bail in England and Wales:
You may initially be released on police bail after arrest, with or without conditions. If charged, the court will then assess whether bail should continue or be altered at a court hearing.
At the start of the bail hearing, the court will review the charges brought against the accused and any prior bail status. The prosecution may object to bail based on specific grounds. The defence will then present arguments for why bail should be granted.
Factors influencing the outcome include:
If bail is refused, the defendant will be remanded in custody until their next court date.
When bail is granted, the court may impose specific bail conditions to reduce perceived risks. These conditions are legally binding and breaching them is a criminal offence in itself.
If your circumstances change, you or your solicitor may apply to vary the bail conditions by returning to court or engaging with the police. This is where legal support becomes crucial.
Fosters Solicitors recognises that being on police bail can be a period of stress and uncertainty. That’s why they offer a tailored Pre-Decision Engagement service, designed to support clients while investigations are ongoing and before any formal charging decisions are made. Consultations begin at £225 plus VAT.
This unique support which falls outside the scope of standard police station advice and assistance is especially useful for those on extended police bail. It can help you navigate the legal system, understand your position, and protect your rights.
For more information, contact Fosters Solicitors at crime@fosters-solicitors.co.uk or call 01603 620508.
Attending a bail hearing with an experienced criminal defence solicitor is critical. A solicitor can present persuasive arguments to the court and mitigate risks raised by the prosecution.
Engaging with a trusted legal professional – such as those at Fosters Solicitors – ensures you are fully prepared and supported throughout the process.
For legal representation, our Criminal Law Solicitors can help assess your case and protect your rights.
Ranked as a Top Tier firm by The Legal 500 UK, our experts are regularly involved in major criminal cases both locally and nationally – and are here to support you with their full defence service 24 hours a day, seven days a week.
Contact us for more information.
A man accused of assault was initially denied bail due to the risk of interfering with witnesses. However, his legal team provided evidence of stable employment, strong family support, and proposed strict bail conditions including electronic monitoring. The judge granted conditional bail after reconsidering the application, showing the importance of effective legal representation.
| Outcome | Description |
|---|---|
| Unconditional Bail | Released with no restrictions while awaiting trial |
| Conditional Bail | Released with specific conditions (e.g., curfew, non-contact) |
| Remanded in Custody | Held in prison until the next court appearance or trial |
A bail hearing involves the court deciding whether a defendant should be released from custody before trial. The court assesses risks such as absconding, committing further offences, or interfering with witnesses.
Yes, the police can grant police bail while they continue to investigate the offence. Conditions may be imposed, and you will usually have to return to the police station at a future date.
Common bail conditions include curfews, reporting to a police station, staying at a fixed address, avoiding contact with certain people, and surrendering your passport.
Yes, you or your solicitor can apply to the court or police to vary your bail conditions. Fosters Solicitors can assist with this as part of their tailored Pre-Decision Engagement service.
Fosters offers a bespoke service for individuals on police bail, including consultations, tailored advice, and proactive engagement with police. Fees range from £225 to £895 plus VAT, depending on the level of support.
This article was produced on the 18th December 2025 for information purposes only and should not be construed or relied upon as specific legal advice.
