Absconding and breach of bail conditions in criminal court proceedings

Produced in partnership with Alistair Grainger of 25 Bedford Row

Practice notes

Absconding and breach of bail conditions in criminal court proceedings

Produced in partnership with Alistair Grainger of 25 Bedford Row

Practice notes

This Practice Note explains when the court can issue a warrant for arrest and the consequences of failing to surrender to court (Absconding) or breaching conditions of court bail. It sets out the procedure for dealing with a defendant following their arrest for breach of bail conditions or failure to surrender, along with the duties imposed on a police custody officer and court officer when facilitating their production at court. The Practice Note: Securities, sureties and other conditions of court bail provides details of the types of bail conditions that can be imposed by the court. For information relating to police bail conditions and failing to surrender to police bail, see Practice Note: Breach of police bail.

Bench Warrants

The Bail Act 1976 (BA 1976) provides that if a defendant fails to appear at court to answer bail, the court may issue a warrant for their arrest. This is called a bench warrant.

A defendant who is granted bail by the court must comply with any bail conditions imposed

Alistair Grainger

Barrister, 25 Bedford Row

Called to the bar in 1998.

Practiced as a criminal solicitor 2002 – 2005.

Returned to the bar in 2005 in a mixture of employed and independent practice.

Tenant at 25 Bedford Row exclusively defence since 2020.

Jurisdiction(s):

United Kingdom

Key definition:

Absconding definition

What does Absconding mean?

Leaving an address or area that a defendant has been bailed to without seeking the permission of the police or Judge, and failing to return within a reasonable time.

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