Correct on the date of publication - 25 August 2025
Question:
Officers have been requested that should a person be arrested for shoplifting on a Saturday, when there is a local football match on, the person should be arrested and bailed to appear at the police station on the following Monday. The shops have asked that we make it a condition of their bail that the suspect is not allowed to re-enter the shop. Are we able to add conditions to street bail?
Answer:
Section 30A of PACE provides a constable with the power to bail an arrested person at any time prior to arrival at the police station, provided that person is required to attend a police station as specified. In addition, this section allows a constable to attach conditions to the 'street bail' where it appears necessary to protect the investigation, victims or suspect.
Section 30A(3B) allows the constable granting bail to attach such conditions to the bail as appears to the constable necessary to secure that -
- the person surrenders to custody;
- does not commit an offence while on bail;
- does not interfere with witnesses or otherwise obstruct the course of justice;
- for the person's own protection or, if under 18, for his own protection or in his own interests.
In the circumstances described, a condition can be imposed not to enter the shop, with a view to preventing the commission of further offences whilst on bail, and to prevent interference with witnesses.
See also Legal Q&A: Bail - street bail and photographs.
View the full Legal Q&A document here, with links to related and similar legal questions.
For quick and easy access in the future, click the pin icon from the top right of any document to save it to 'My Documents'.
