If you are on bail awaiting trial or sentencing, you may be wondering if you can still go on holiday or travel outside of the UK. There are some important factors to consider when it comes to holidays and bail.
Quick Answer
In most cases, you can still go on holiday or travel abroad while on bail. However, you will need permission from your bail officer or the court first. There may be certain conditions around reporting to police or surrendering your passport that could restrict holidays.
Can I go abroad on bail?
Generally, people who are on bail can still go on holiday or travel outside of the UK. However, there are some important caveats to this.
Firstly, you will need to get permission from either your bail officer or the court before booking or going on any holiday. They will consider factors like:
- Your offending history
- The seriousness of the offence you are charged with
- Your previous compliance with bail conditions
- Any risk of you failing to return to court
If the court or bail officer believes there is a significant risk you may not return, they may refuse permission to travel abroad. If you book or go on a holiday without their consent, you will be in breach of your bail.
Bail Conditions
Any existing bail conditions you have will also impact on whether you can go abroad. Common conditions include:
- Surrendering your passport – Clearly you cannot travel abroad if you no longer have your passport.
- Residence condition – This may prohibit you from staying anywhere other than your home address.
- Curfew – A curfew preventing you from being away overnight would restrict holidays.
- Reporting to police – Frequent reporting conditions could be disrupted by holidays.
The court or bail officer can amend or remove certain conditions temporarily to allow you to travel if they are satisfied you intend to return.
Change of Circumstance
Going on holiday is also considered a change of circumstance. This means as well as seeking permission, you are obliged to provide details of:
- Where you are going
- How long for
- Your accommodation details
- Your intended return date
- Any other relevant information
This allows the court or bail officer to assess the situation and decide if holiday bail should be permitted.
What if I want to go on holiday before my trial or sentencing?
If you want to go on holiday before your trial or sentencing hearing, the same rules apply as above. You will need consent from the court/bail officer and provide your holiday details as a change of circumstance.
The court will consider if there is a risk you may not return for your hearing when deciding whether to allow the holiday. If you have complied with your bail terms so far and not displayed risk factors, there is no reason why a holiday should not be permitted in most cases.
Surrendering Your Passport
If you have surrendered your passport as part of your bail, the court can temporarily return this to you for the purpose of your holiday. You will likely have to hand it back in immediately on your return.
Requesting Amended Bail Conditions
You can also request that any restrictive conditions, like residence or curfews, are varied or suspended over your holiday period to allow you to travel. The court may agree to this provided you have shown you are not a flight risk.
Reporting to Police
For frequent police station reporting, the court can grant an exemption over the holiday period if required. You may need to report to a local police station while abroad though depending on the circumstances.
What if I am on tag?
If you are subject to an electronically monitored curfew (tag) as part of your bail, it may still be possible to go on holiday depending on the policy in your area. Some key considerations include:
- Your tag may be able to be transferred to the new location if you remain in the UK.
- If abroad, your curfew can potentially be suspended for the holiday.
- You will need to satisfy police you will return and not abscond when curfew is lifted.
- Any variation will require court approval following police recommendation.
Going on holiday with a curfew is more challenging, but can potentially be arranged with appropriate planning and risk assessment.
What happens if I breach my bail terms?
If you go on holiday without seeking consent from the court or police, this will constitute a breach of your bail. Likewise if you fail to return from holiday when required this will breach your bail.
The penalties for breach depend on the circumstances, but can include:
- Being arrested and kept in custody until your court date
- More restrictive bail conditions such as curfews and electronic monitoring
- An offence being committed under the Bail Act, which can result in fines or imprisonment on top of your existing charges
So it is critical to always seek permission before going on holiday to avoid accidentally breaching your bail.
Other countries and passports
If you are not a UK passport holder or resident, there may be additional complications to consider when seeking holiday bail:
- The court will be more cautious approving holidays abroad as there is a higher flight risk
- You may not be permitted to travel to your home country due to the risk you will not return
- Your own country’s laws on unconvicted prisoners’ rights to travel may differ
- Depending on your bail conditions, you may be required to surrender any non-UK passports
However, you can still apply for holiday bail and if you have abided by all conditions and demonstrated ties to the UK, permission may still be granted, subject to any restrictions.
When can I be certain about going on holiday?
There are no guarantees about going on holiday while on bail as it will always depend on the court’s assessment of risk. However, you can have a greater degree of certainty if:
- You have no history of previous bail breaches or absconding
- You do not have extensive overseas ties compared to community ties in the UK
- You comply fully with all bail reporting conditions and keep police updated with your movements
- You are not facing the most serious charges like murder or terrorism
If you satisfy these criteria, it is far more likely permission will be granted, subject to some safeguards being put in place while away.
Can I go on holiday after being sentenced?
If you have been convicted and sentenced but remain on bail pending an appeal, the rules are largely the same as pre-trial or pre-sentence bail when it comes to holidays.
The court will consider factors like compliance, community ties and flight risk when deciding whether to allow a holiday prior to an appeal hearing.
However, if you have been given a custodial sentence and are released on bail only for a short time before surrendering to custody, it is highly unlikely you would be permitted to go on holiday in this intervening period.
Conclusion
Going on holiday while on bail is possible in most circumstances, provided you seek permission from the court or police and comply with any additional conditions. While rules do exist to protect public safety and ensure you attend court, reasonable holidays should not be unduly restricted without good reason.
With appropriate planning and risk assessment, there is no reason holidays cannot be accommodated alongside proportionate bail, allowing you to still enjoy some normality until your trial or sentencing.
However, you should always consult your solicitor to discuss your individual situation before making any holiday plans, as individual circumstances can differ.
Your solicitor can guide you through the bail variation process and represent your interests to satisfy the court that allowing a holiday is reasonable and will not impede justice being served in your case.
By following the proper procedures and providing all requested assurances around risk, most applicants can successfully gain approval to enjoy a holiday while on bail in the UK or abroad.
Frequently Asked Questions
How do I request permission to go on holiday on bail?
You should contact your bail officer or the court clerk, informing them of your holiday plans and requesting formal permission. They will advise the process to follow based on your specific bail terms and conditions. Your solicitor can help manage this.
How much notice do I need to give for holiday bail requests?
Generally, you should provide as much notice as possible – ideally 4 weeks’ minimum notice. This allows time for the court to consider varying your conditions and impose any replacement requirements like temporary passport surrender.
Can I go on holiday with an electronic tag?
You can seek permission to go on holiday with an electronic tag but it can be more challenging. Your tag may be able to be transferred to your holiday location, or curfew lifted subject to strict compliance conditions. The court will decide if this is appropriate in your individual case.
Can I go abroad on bail for a family emergency?
Yes, if there is a genuine family emergency requiring unavoidable overseas travel, the court can permit this subject to bail conditions like surrendering your passport on return. Your situation will be assessed before approval, so keep your bail officer updated.
Do I need to tell my bail officer when I come back from holiday?
Yes, you will need to report to your bail officer and/or police station immediately on returning to the UK, to satisfy them you have complied with any holiday bail approval. Strict compliance is essential to maintain the court’s trust.
Other Important Bail Considerations
Going on holiday is just one aspect to consider about bail. There are many other important factors around bail, including:
Police Bail
Police can initially grant bail after charge, before your first court appearance. Police bail conditions work similarly, with restrictions possible depending on your perceived risk.
Breach of Bail
Breaking any condition of your bail risks arrest, charge and being remanded into custody until trial. Always follow your conditions closely and seek advice if unsure.
Challenging Bail
If you believe your bail conditions are disproportionate, you can request they are reviewed and challenged through your solicitor to vary restrictions if not necessary.
Bail Accommodation
If you cannot return home, organisations like The Bail Accommodation and Support Service (BASS) can arrange temporary approved housing.
Bail Support Services
Charities like The Bail Support Scheme offer services including accommodation, referrals and practical support while on bail.
Breaches of Bail
Breaking bail conditions risks further charges and being remanded in custody. Always follow your bail terms closely and seek advice if confused.
Reporting to Police
If bail requires regular police station attendance, ensure you comply fully with when and where you must report as directed or you risk breaching.
Electronically Monitored Bail
You may be subject to electronic tagging, enforcing a curfew using an ankle bracelet with monitoring box installed in your home.
Offences on Bail
Committing an offence while on bail likely means you will be remanded in custody until trial, rather than being granted further bail.
Always consult a solicitor about any aspect of your bail conditions, rights, risks of breaching and ways to vary your bail terms if they are disproportionate.
Conclusion
Bail comes with important responsibilities around compliance. However, if you follow your bail terms properly and keep your bail officer updated on any proposed changes of circumstance like holidays, you should still be able to enjoy normal activities without unnecessary delay to justice.
While each case depends on individual risk factors, there are good reasons why reasonable holidays should be permitted in most circumstances when on bail, provided the proper procedures are followed.
With good legal advice guiding you through the bail variation process, and sensible compliance reassuring the court, holidays abroad or in the UK should still be possible alongside proportionate bail conditions.
