4. Challenging unfair bail conditions

You can challenge bail conditions which are disproportionate or violate your human rights under Articles 10 and 11.

Firstly, we recommend contacting the police officer who bailed you, or another custody officer at the same police station, to see if they will change the conditions. You can send a request in writing to their email address. You should explain if the initial conditions were unclear, if they prevent you from attending your home or workplace, or otherwise have a disproportionate impact on your life.

If the police refuse to change your conditions, your solicitor can apply to the Magistrates’ court for the conditions to be varied. You should speak to your solicitor about this, or if you don’t have one yet then contact one of the solicitors on our recommended list to take on your case. Note that it can sometimes take a while for bail variation applications to be heard.

Key Messages

  • No Comment
  • You do not need to answer police questions, so don’t.

  • No Personal Details
  • You don't have to give details under ANY stop and search power.

  • No Duty Solicitor
  • Use a recommended solicitor with protest experience.

  • No Caution
  • They admit guilt for an alleged offence that might never get to court.

  • What Power?
  • Ask "What power?" to challenge a police officer to act lawfully.