E 0205 Procedure - Street Bail

Number: E 0205 PROCEDURE – Street Bail
Date Published: 9 February 2026
Version 10 – February 2026

1.0 Summary of Changes

This procedure has undergone its yearly review with the following updates:

• Section 2.0 - Ability to add Bail Conditions added in line with legislation and reference to RUI amended to De-Arrest.
• Section 3.2 - Reference to RUI amended to De-Arrest, added requirement of Custody Officer to open an Athena and Bail App Record and Juveniles – Requirement for AA to be present
• Section 3.3 - Recording Requirement updated
• Section 3.4 - Updated to align with Bail Act.
• Section 9.0 - Author details updated.

2.0 What this Procedure is about

This procedure details the process officers must follow concerning the use of the provisions contained within 30A to 30D of Police and Criminal Evidence Act 1984 in relation to Street Bail.

These provisions allow for a constable to release an arrested person on Street Bail immediately after arrest. They also remove the absolute requirement to take an arrested person to a police station.

The legislation allows for conditions to be imposed upon Street Bail, any condition that is to be applied to the bail must be both necessary and proportionate and authorised by a Custody Officer.

Athena does not currently allow for Bail Conditions on Street Bail Records so the Arresting Officer must add condition to PNC see Section 3.2.

The key aims of 'Street Bail' are to:

• Enable officers to remain on patrol for longer periods raising visibility.
• Give officers greater flexibility to decide how best to use their time and organise their casework.
• Remove the need for suspects to be taken to a police station only to be bailed on arrival.

'Street Bail' enables a front-line officer to apply their discretion at the point of arrest.

When doing so officers must take into consideration:

• The nature of the offence;
• If applicable, victim safeguarding including vulnerability;
• The ability to progress the investigation at the police station;
• Confidence in the suspect answering bail;
• The ability of the suspect to understand the process;
• The necessity and proportionality of the reasons to Street Bail;
• The necessity and proportionality of any conditions applied to the Street Bail.

Police officers will ensure that 'Street Bail' is used fairly, objectively and without bias.

Officers can use their discretion and consider ‘De-Arrest’ rather than Street Bail, if appropriate.

Compliance with this procedure and any governing policy is mandatory.

3.0 Detail the Procedure

3.1 Factors to be considered in Granting Street Bail

The officer on the street must take the following into account before deciding whether to apply to a Custody Officer to authorise a person to be Street Bailed. In all cases the officer needs to apply the necessity and proportionality test when making their decision.

3.1.1 What Type of Offence has been Committed?

There is no definitive list of offences to which Street Bail can be granted, it is a matter for the officer's discretion. However, Street Bail will not be considered in cases where the alleged offence is one involving personal violence, anything more serious than common assault, or serious public order e.g., more serious than Section 5 POA.

3.1.2 What Impact has the Offence Had?

How has the offence impacted upon the victim and any bystanders and what impact has it had upon the suspect? Where it is considered that significant impact has been made upon any of the above it will not be appropriate to consider Street Bail.

3.1.3 Would Delay in Dealing with the Offender Result in Loss of Vital Evidence?

Where it is considered that there is potential to lose evidence should the suspect be released then 'Street Bail' would not be appropriate. Officers must consider the potential loss of forensic evidence at this stage.

3.1.4 Is the Arrested Person Capable of Understanding what is Happening?

Suspects who are drunk or otherwise intoxicated and those with perceived mental health problems who therefore may not fully understand what is happening should not be granted 'Street Bail'. In the case of juvenile’s consideration should be as to the welfare of the child.

'Street Bail' will not be granted to any person who is incapable of understanding the process. If there are language difficulties the officer should consider using the Essex Police authorised Interpreting Service.

3.1.5 Is the Suspect a Juvenile?

If so, the officer must consider:

• Whether there is intelligence to suggest the juvenile faces any risks from a parent, guardian or carer as a consequence of their arrest;
• Whether the juvenile is estranged from their parents or is running away from care.

This does not mean that 'Street Bail' should not be given to juveniles, but officers should be aware of any concerns the juvenile has about their parent’s reaction to the arrest.

3.1.6 Is the Suspect Likely to Commit a Further Offence?

'Street Bail' will not be considered where the arresting officer deems there are reasonable grounds to believe that the arrested person might continue to commit that or another offence, if released.

3.1.7 Has the Arrested Person Provided a Correct Name and Address?

A PNC and local enquiry search will be carried out on all persons subject to Street Bail in order to establish or verify their identity. If there is any doubt whatsoever as to a suspect's identity Street Bail will not be used.

3.2 Issuing 'Street Bail Notice'

Having considered any relevant factors contained in 3.1 above and it is decided that it is necessary and proportionate that the arrested person should be granted 'Street Bail' the officer should contact their local Custody Officer and state their grounds for the necessity and proportionality for the Street Bail. This application can be carried out verbally by the applying officer over Airwave, mobile phone or in person.

The Custody Officer will decide on whether to authorise the Street Bail and inform the applying officer of their decision.

Where the Custody Officer declines to authorise the Street Bail, the applying officer will either take the arrested person to a local custody suite or ‘De-Arrest’ the suspect.

Where the Custody Officer authorises the Street Bail the applying officer will contact the Custody Suite where the suspect is to be Street Bailed to and obtain a suitable time and date for the person to surrender to bail. The bail date should be as soon as practicable and within the authorised three calendar months ABP. The Custody Officer must record the Street Bail on Athena by Opening a Custody and Bail App Record.

The officer will complete a 'Street Bail Notice' Form A495 and will explain fully to the arrested person the implications of 'Street Bail' and the responsibilities placed upon them. This is particularly important in case of juveniles or other vulnerable persons and an Appropriate Adult must be present and countersign the street bail notice. The ‘Street Bail Notice' is a self-carbonating form and officers must ensure that they rest on something sufficiently hard to allow Part Two to be legible.

Once complete the arrested person will be requested to sign Part One. A refusal to sign the notice will not prevent the officer granting bail to the arrested person to attend the time date and place specified in the notice, nor will it prevent the re-arrest of the individual for failing to attend.

Part One will be detached and given to the arrested person. The remaining parts of the 'Notice' will be retained by the officer. The arrested person is free to leave, under a duty to attend the nominated police station at the stated date and time.

There is nothing to prevent the officer delaying any decision to release the individual on Street Bail, if their presence is required in order to secure and preserve evidence relating to the offence for which they have been arrested.

The officer can discontinue the process at any stage and take the arrested person to a police station in the normal manner. Any partially completed 'Street Bail Notice' will be retained and uploaded to the arrested person's custody record.

Before going off duty, the officer must complete their section of the Bail App Record.

The Street Bail Notice (A495) must then be emailed to the Custody Officer so that it can be uploaded to the custody record created on Athena.

If Bail Conditions have been imposed, the officer must contact the PNC Bureau as Athena will not allow the creation of Bail Conditions on Street Bail Records.

3.3 Recording Street Bail on the Custody Application

As per Section 3.2 the Custody Record is to be created at the time of application by the Officer.

3.4 Variation of Street Bail

As per Variation of Bail which is on application to the Custody Officer at the Police Station due to surrender at or a Magistrates Court.

3.5 Cancellation of Street Bail

If a supervisor decides that there is insufficient evidence to proceed with a prosecution a bail cancellation notice will be created on Athena. A copy of the notice will be printed and posted to the suspect. If the suspect is a juvenile a copy will also be posted to their parent or legal guardian.

3.6 Surrendering to Bail

A person released on 'Street Bail' may be re-arrested for the original offence if new evidence comes to light justifying their immediate arrest.

In some cases, it may be practical to obtain 'pre-charge advice' from the Duty Prosecutor prior to the date the person is due to surrender to their bail.

The Officer in the Case (OIC) will be present in the custody suite when the offender surrenders to bail. The Custody Officer will select the appropriate record on Athena and open it by using ‘Answer Bail’ button.

Any person failing to surrender to bail may be arrested, without warrant, by a constable.

4.0 Equality Impact Assessment

• EIA – February 2024. 

5.0 Risk Assessment

Before a constable grants a suspect 'Street Bail' the officer should have for the following risk factors:

• The impact of the alleged offence upon individuals or the community generally;
• The likelihood of the suspect committing further offences;
• The likelihood of harm being done to the suspect, if not taken into police detention.

If there is any real likelihood of any harm being done to any individual or it is considered that a suspect may commit further offences as a result of the suspect being ‘street bailed’, then the officer shall not grant such bail and shall take the suspect to a police station in the normal manner.

6.0 Consultation

The following have been consulted during the formulation of this document:

• Unison
• Police Federation
• Essex Diversity and Inclusion Manager
• Health & Safety
• Strategic Change Team
• PSD Superintendent
• Policy
• Risk
• Superintendents Association

7.0 Monitoring and Review

This procedure will be reviewed by, or on behalf of, the Custody Commander, Criminal Justice Command every 12 months. 

8.0 Governing Force policy.

Related Force policies or related procedures

• E 0200 Policy – Bail
• E 0206 Procedure – Pre Charge Police Bail

8.1 Data Security

Essex Police have measures in place to protect the security of data in accordance with our Information Management Policy – W 1000 Policy – Information Management.

8.2 Retention & Disposal of Records

Essex Police will hold data in accordance with our Records Review, Retention & Disposal Policy – W 1012 Procedure/SOP - Records Review, Retention and Disposal.

We will only hold data for as long as necessary for the purposes for which we collected. Victims/public should be reminded that Essex Police take the protection of personal data seriously as described in the privacy notice.

9.0 Other source documents, e.g., legislation, Authorised Professional Practice (APP), Force forms, partnership agreements (if applicable)

None