Rule 14.16 Notice of arrest for breach of bailI1
England and Wales
This rule and rule 14.17 (Arrangements for court to receive defendant arrested for breach of bail) apply where—
a defendant arrested for breach of bail must be brought before a court under section 7 of the Bail Act 1976f1 (Liability to arrest for absconding or breaking conditions of bail); and
a police custody officer so notifies the court officer.
The police custody officer must provide the court officer with—
the defendant’s name and date of birth;
details of—
the warrant under which the defendant was arrested, or
the reasons for an arrest without a warrant;
confirmation that the prosecutor has been notified;
confirmation that the following have been notified and are available—
any interpreter required,
the defendant’s legal representative, if any, and
any local or other authority, including any youth offending team, responsible for the defendant’s care or welfare;
the police custody officer’s proposal for the means by which the defendant will be brought before the court, either by live link or in person, and—
if the proposal is for the defendant to attend court by live link, details of any material circumstance listed in rule 3.35 (Live link direction: exercise of court’s powers), or
if the proposal is for the defendant to attend court in person, the identity of the authority responsible for transporting the defendant and the expected time of arrival; and
details of any disability or other vulnerability of the defendant of which the police custody officer is aware and which is not apparent from other information supplied.
[Note. The court may issue a warrant for the defendant’s arrest—
under section 7(1) of the Bail Act 1976 where the defendant was released on bail under a duty to surrender into the custody of the court and fails to do so when required; or
under section 7(2) of the Act where the defendant was released on bail, surrenders into the custody of the court, and then leaves without the court’s permission before the hearing begins or resumes.
Under section 7(3) of the 1976 Act a defendant who has been released on bail and is under a duty to surrender into the custody of a court may be arrested and detained without a warrant by a constable—
who has reasonable grounds for believing that the defendant is not likely to surrender to custody,
who has reasonable grounds for believing that the defendant is likely to break any of the conditions of bail,
who has reasonable grounds for suspecting that the defendant has broken any of those conditions, or
where a surety for that bail notifies the constable in writing that the defendant is unlikely to surrender to custody and for that reason the surety wishes to be relieved of the obligations of a surety.
Under section 7(4) of the 1976 Act, subject to the exceptions to which rule 14.17(2) refers a defendant arrested under section 7(3) must be brought before a magistrates’ court as soon as practicable and in any event within 24 hours after the arrest, omitting any part of a day which is Christmas Day, Good Friday or a Sunday.
Under section 81(5) of the Senior Courts Act 1981f2 a defendant arrested under a warrant issued by the Crown Court must be brought forthwith before—
the Crown Court if the defendant is charged with murder, or with murder and one or more other offences; or
the Crown Court or a magistrates’ court in any other case.]
Annotations
Commencement
- I1
Rule 14.16 in force at 6.10.2025, see Preamble
Footnotes
- f1
1976 c. 63; section 7 was amended by section 65 of, and Schedule 12 to, the Criminal Law Act 1977 (c. 45), section 109 of, and paragraph 185 of Schedule 8 and Schedule 10 to, the Courts Act 2003 (c. 39), sections 198 and 220 of, and Schedule 4 to, the Extradition Act 2003 (c. 41), section 177 of, and paragraph 74 of Schedule 21 to, the Coroners and Justice Act 2009 (c. 25) and sections 90 and 105 of, and paragraphs 1 and 8 of Schedule 11 and paragraphs 14 and 16 of Schedule 12 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).
- f2
1981 c. 54; section 81 was amended by sections 29 and 60 of the Criminal Justice Act 1982 (c. 48), section 7 of, and paragraph 6 of Schedule 3 to, the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25), section 168 of, and paragraph 19 of Schedule 9 and paragraph 48 of Schedule 10 to, the Criminal Justice and Public Order Act 1994 (c. 33), section 119 of, and paragraph 48 of Schedule 8 to, the Crime and Disorder Act 1998 (c. 37), section 165 of, and paragraph 87 of Schedule 9 and Part I of Schedule 12 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), sections 41, 331 and 332 of, and paragraph 54 of Schedule 3, paragraph 4 of Schedule 36 and Parts 2 and 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44), section 58 of, and paragraph 15 of Schedule 10 to, the Domestic Violence, Crime and Victims Act 2004 (c. 28), articles 2, 3 and 6 of, and paragraphs 12 and 14 of the Schedule to, S.I. 2004/1033 and section 177 of, and paragraph 76 of Schedule 21 to, the Coroners and Justice Act 2009 (c. 25).