Skip to main content
N I Direct government services

Main navigation

  • Home
  • News
  • Contacts
  • Help
  • Twitter
  • Facebook
  • YouTube
  • RSS

Breadcrumb

  1. Home
  2. Crime, justice and the law
  3. Reporting, investigating and prosecuting crime

Custody and bail

If a person is charged with a crime they can either be released on police bail, or detained in police custody.

Being held in custody

When a person is charged with a crime and held in police custody they must be brought to the first available court for the court to decide whether they should continue to be held (remanded) in custody.

The Public Prosecution Service (PPS) must consider the charges and consider if there is still a need to keep the person in custody. The PPS will ask the court to remand someone in custody if they consider that there is a risk of the defendant -

  • running away
  • interfering with or threatening witnesses
  • perverting the course of justice
  • committing further offences
  • being a threat to public order

If a defendant is remanded in custody they will be kept in prison and required to appear in court.

Bail

Bail often means a defendant enters into a recognisance (a bond between them and the court) to pay money if they break the conditions of bail. Anyone providing a guarantee (or surety) may also have to enter into a recognisance. These are people who are prepared to enter into a bond and lose money if the defendant breaks their bail conditions.

If a person is charged and released by the police on bail, the first court appearance must be within 28 days from the date of the charge. This usually takes place in the magistrates’ court, where the District Judge will consider if there is enough evidence to connect the defendant to the crime.

If a defendant is held in prison, they may apply for bail again, but usually only when there has been a change in circumstances since they last applied for bail. The defendant can also apply for compassionate bail for a short period for reasons such as a family funeral. After this, they cannot make any more applications unless they can persuade the judge that something about the case, or their personal circumstances, has changed.The judge must grant bail unless the prosecution can show that there is a specific risk.

Bail conditions

If a defendant is granted bail by the court, the public prosecutor will consider whether any bail conditions would help address any risks identified, such as

  • the defendant has to be at the approved address between certain times (this is called a curfew)
  • the defendant may not be allowed to go to certain places, see certain people or drink alcohol
  • electronic tagging

If the court grants bail even though the PPS has argued against it, the public prosecutor may appeal. This appeal will be heard by the High Court.

More useful links

  • Custody and sentencing for young people
  • Public Prosecution Service
Share this page Share on Facebook (external link opens in a new window / tab) Share on Twitter (external link opens in a new window / tab) Share by email (external link opens in a new window / tab)

Reporting, investigating and prosecuting crime

  • Coming forward as a victim
  • Coming forward as a witness
  • Complaints about the police
  • Custody and bail
  • End the harm
  • Giving a statement to the police
  • Help for vulnerable people giving evidence
  • How CCTV is used in the community
  • Police procedures
  • Police-issued penalty notices
  • Reporting a crime
  • Why a case goes to court

Translation help

How to translate this page

Help improve this page - send your feedback

What do you want to do?
Report a problem
Which problem did you find on this page? (Tick all that apply)

Messages

You will not receive a reply. We will consider your feedback to help improve the site.

Don't include any personal or financial information, for example National Insurance, credit card numbers, or phone numbers.

What is your question about?

What to do next

Comments or queries about angling can be emailed to anglingcorrespondence@daera-ni.gov.uk 

If you have a comment or query about benefits, you will need to contact the government department or agency which handles that benefit.  Contacts for common benefits are listed below.

Carer's Allowance

Call 0800 587 0912
Email 
dcs.incomingpostteamdhc2@nissa.gsi.gov.uk

Discretionary support / Short-term benefit advance

Call 0800 587 2750 
Email 
customerservice.unit@communities-ni.gov.uk

Disability Living Allowance

Call 0800 587 0912 
Email dcs.incomingpostteamdhc2@nissa.gsi.gov.uk

Employment and Support Allowance

Call 0800 587 1377

Jobseeker’s Allowance

Contact your local Jobs & Benefits office

Personal Independence Payment

Call 0800 587 0932

If your query is about another benefit, select ‘Other’ from the drop-down menu above.

Comments or queries about the Blue Badge scheme can be emailed to bluebadges@infrastructure-ni.gov.uk or you can also call 0300 200 7818.

For queries or advice about careers, contact the Careers Service.

For queries or advice about Child Maintenance, contact the Child Maintenance Service.

For queries or advice about claiming compensation due to a road problem, contact DFI Roads claim unit.

If you can’t find the information you’re looking for in the Coronavirus (COVID-19) section, then for queries about:

  • Restrictions or regulations — contact the Department of Health
  • Travel advice (including self-isolation) — contact the Department of Health
  • Coronavirus (COVID-19) vaccinations — contact the Department of Health or Public Health Agency

If your query is about another topic, select ‘Other’ from the drop-down menu above.

For queries about your identity check, email nida@nidirect.gov.uk and for queries about your certificate, email covidcertni@hscni.net.

For queries or advice about criminal record checks, email ani@accessni.gov.uk

Application and payment queries can be emailed to ema_ni@slc.co.uk

For queries or advice about employment rights, contact the Labour Relations Agency.

For queries or advice about birth, death, marriage and civil partnership certificates and research, contact the General Register Office Northern Ireland (GRONI) by email gro_nisra@finance-ni.gov.uk

For queries about the High Street Spend Local Scheme,  email HSSS.mail@economy-ni.gov.uk.

For queries about:

  • Car tax, vehicle registration and SORN
    contact the Driver and Vehicle Licensing Agency (DVLA), Swansea
     
  • Driver licensing and tests, MOT and vehicle testing
    contact the Driver & Vehicle Agency (DVA), Northern Ireland

If your query is about another topic, select ‘Other’ from the drop-down menu above.

For queries about your identity check, email nida@nidirect.gov.uk.

 

For queries or advice about passports, contact HM Passport Office.

For queries or advice about Penalty Charge Notices (PCNs), including parking tickets and bus lane PCNs, email dcu@infrastructure-ni.gov.uk

For queries or advice about pensions, contact the Northern Ireland Pension Centre.

If you wish to report a problem with a road or street you can do so online in this section.

If you wish to check on a problem or fault you have already reported, contact DfI Roads.

For queries or advice about historical, social or cultural records relating to Northern Ireland, use the Public Record Office of Northern Ireland (PRONI) enquiry service.

For queries or advice about rates, email LPSCustomerTeam@lpsni.gov.uk

For queries or advice about  60+ and Senior Citizen SmartPasses (which can be used to get concessionary travel on public transport), contact Smartpass - Translink.

If you have a question about a government service or policy, you should contact the relevant government organisation directly.  We don't have access to information about you.

Related sites

  • gov.uk
  • nibusinessinfo.co.uk

Links to supporting information

  • Accessibility statement
  • Crown copyright
  • Terms and conditions
  • Privacy
  • Cookies
  • Twitter
  • Facebook
  • YouTube
  • RSS