COULD I GET BAIL FOR CHARITY FRAUD?

Allegations of charity fraud can arise when individuals are suspected of misusing charitable funds, submitting false claims for donations or grants, or misleading donors about the purpose or use of money. Such allegations are taken seriously because they undermine public trust in charities and can involve substantial sums. Those under investigation often face questions about arrest, bail, and restrictions on managing charitable activities while the case progresses. This article explains how charity fraud is investigated, how bail decisions are approached, and what steps can be taken to protect your position during an inquiry.

What is charity fraud?

Charity fraud involves dishonestly abusing a charity or charitable funds for personal gain, or deceiving others by misusing the name or purposes of a charity. In England and Wales, there is no single offence called “charity fraud” – instead, cases are usually prosecuted under the Fraud Act 2006, sometimes alongside offences such as theft, false accounting, money laundering, or misconduct in public office where trustees or officials are involved.

Common allegations include diverting charitable donations into private accounts, exaggerating or fabricating charitable activities to secure funding, falsifying records, or using a charity as a front for personal or commercial benefit. Some cases involve registered charities, while others relate to informal fundraising campaigns claiming to support charitable causes.

To secure a conviction for charity fraud, the prosecution must prove beyond reasonable doubt that the defendant acted dishonestly with the intention of obtaining a financial advantage, causing a loss to the charity, or exposing the charity to a risk of loss. Evidence commonly includes financial records, bank statements, donation records, grant applications, correspondence with donors or trustees, and witness testimony.

Charity fraud is treated seriously because it undermines public trust and often involves significant sums of money or vulnerable beneficiaries. That seriousness does not mean that bail is impossible, but it does influence how police and courts assess risk when deciding whether someone should be released.

What happens after an arrest for charity fraud?

After an arrest for charity fraud, you may be held at a police station while officers conduct interviews and consider their next steps. These investigations are often document-heavy and can involve digital material, financial records, and communications with banks, donors, or regulators such as the Charity Commission.

The police must decide whether to:

• charge you
• release you on bail while enquiries continue, or
• release you under investigation without bail conditions

If charged, the police or court will then make a decision about bail pending your first court appearance or the conclusion of proceedings. In serious or complex fraud cases, arrests may take place early in an investigation, with substantial work still to be done. This can mean extended periods where bail decisions are revisited as the case develops.

What is the difference between bail and being released under investigation?

Being released on bail means you are allowed to leave custody but are required to comply with specific conditions and remain under the authority of the police or court. Bail usually includes a return date, and any breach of conditions can result in re‑arrest.

Release under investigation (RUI) involves no bail conditions and no fixed return date. While this may sound preferable, it offers fewer safeguards. Investigations can continue for many months without formal review, and you may be re‑arrested unexpectedly.

In charity fraud cases, RUI is less common where there are concerns about financial activity, access to records, or contact with other suspects. In those circumstances, bail conditions are often seen as a way of managing risk rather than detaining someone unnecessarily.

Can I get bail for charity fraud?

Yes, it is possible to be granted bail for charity fraud, but it is not automatic. Bail decisions are discretionary and depend on the specific facts of your case. The starting point in law is a presumption in favour of bail, but that can be displaced if the police or court believe there are substantial grounds to refuse it.

In charity fraud cases, the main concerns are usually whether you might interfere with evidence, influence witnesses, or continue allegedly fraudulent activity if released. The larger the sums involved or the more complex the structure of the alleged fraud, the more carefully bail will be scrutinised.

Even where bail is granted, conditions are common. Custody tends to be reserved for situations where risks cannot be managed in any other way. Each case turns on its own facts, including your role, history, and personal circumstances.

What bail conditions might I face for charity fraud?

Bail conditions in charity fraud cases are designed to prevent further financial misconduct and protect the integrity of the investigation. The exact terms will depend on the allegations and your position within the charity or organisation.

Common conditions may include restrictions on:

• Access to specific bank accounts or financial systems
• Acting as a charity trustee, employee, or fundraiser
• Contact with named individuals, including co‑trustees, staff, or donors
• Handling charitable funds or making financial decisions
• Using certain devices or software where records are stored
• Reporting regularly to a police station

Conditions can feel intrusive, particularly where your livelihood or reputation is tied to charitable work. That said, tailored conditions can also make the difference between being granted bail and remaining in custody.

What factors do police and courts consider when deciding bail for charity fraud?

When deciding bail, the police and courts focus on risk, not punishment. In charity fraud cases, key considerations include whether there is a real risk that you might fail to attend future proceedings, interfere with evidence, or commit further offences.

They will look closely at the nature and scale of the alleged fraud, including the amount of money involved and the number of people affected. Your position of trust is relevant; allegations against trustees or senior managers are often treated differently from those involving minor roles.

Your personal circumstances also matter. Stable accommodation, family ties, a limited or clean criminal record, and a history of compliance with authorities can all weigh in your favour. Conversely, evidence of overseas assets, multiple bank accounts, or ongoing access to funds can raise concerns.

The assessment is forward‑looking. It is not about whether the allegation is ultimately true, but whether risks can be safely managed if you are released.

What can I do to improve my chances of being granted bail?

Early, informed action can make a real difference. Engaging a solicitor as soon as possible allows bail to be addressed strategically rather than reactively.

You can improve your position by being able to demonstrate stability and transparency. Clear information about where you live, what you do for work, and how you will support yourself without access to disputed funds can help address police concerns.

It may also help to propose sensible bail conditions voluntarily. Offering to step away from charity roles, limit financial activity, or avoid contact with certain individuals can show insight into the investigation and willingness to cooperate, without admitting wrongdoing.

Most importantly, avoid taking steps that could be misinterpreted, such as moving money or contacting potential witnesses. Even innocent actions can complicate a bail decision if they appear evasive or defensive.

Providing accurate and complete documentation to support your proposals can further strengthen a bail application. This might include proof of residence, employment or income, bank statements, and letters from employers or character references, which help demonstrate reliability and reduce perceived risks of absconding, reoffending, or interfering with evidence.

How can a solicitor help me secure bail for charity fraud?

A specialist criminal defence solicitor plays a crucial role in bail applications for charity fraud. They can engage with the police or prosecution at an early stage to understand the specific risks being relied upon and challenge assumptions that may not be supported by evidence.

Your solicitor can present a structured bail proposal, addressing each concern with practical safeguards. This might involve clarifying your limited access to funds, explaining internal controls, or highlighting why certain witnesses are not susceptible to influence.

If bail is refused by the police, a solicitor can apply to the court and argue the case afresh. They can also apply to vary conditions that are unnecessarily restrictive or no longer justified as the investigation progresses.

Where to get more help

Early legal advice is essential in any case, especially one as serious as charity fraud. Bail decisions are often made quickly and can shape your ability to manage work, family life, and the investigation itself. An experienced criminal defence solicitor – like the ones you will find at Stuart Miller Solicitors – can advise on bail strategy, challenge disproportionate restrictions, and ensure your rights are protected at every stage. Get in touch today for a free, no obligation consultation about your options.

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15:17 16 Feb 26

I have used sophie at stuart miller solicitors exceptional service well recommened helped me sort out my legal issues

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22:31 14 Feb 26

I recently had to attend a police station regarding a sensitive matter that questioned my professional integrity. I was originally directed to Mohammed Zeb at Stuart Miller Solicitors, but as he was unable to attend personally, his colleague stepped in to represent me.The level of advice I received was exceptional. They handled the situation with the utmost professionalism and provided clear, strategic guidance that put me at ease during a very stressful time. I am incredibly relieved to say the matter resulted in No Further Action (NFA). I highly recommend this team for anyone needing robust legal protection of their reputation.

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13:42 05 Feb 26

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20:52 04 Nov 25

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Savannah Loizides is the solicitor that help me go through the video evidence and help me spot the point I missed in the past and help me choose the right barrister Terence Boulter for me and get me acquitted in the trial.

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19:11 01 Oct 25

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12:21 04 Jul 25

I would just like to take this time once again to say a big thanks to Savannah Loizides. Attentive to detail and thorough in her works and even though she was consumed by great masses of cases her correspondence never failed. Through the complexity of my case no stone was left unturned. I highly commend the intricate work you do.My liberty was exponentially at stake, my mental health was severely challenged but Savannah had always reassured me that our defence is stronger than a fence lol like them prison fences btw not garden ones 😊After 8 day trial we had secure a not guilty verdict and for this I am forever thankful.

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Towards the end of last year, I got myself into a tricky situation got in contact with Stuart Miller Solicitors and a lovely lady by the name of Kiran contacted me was very professional in the way she handled my case efficient and prompt in communication. Would highly recommend this firm. Kiran herself went above and beyond to assist me, and advise me of my legal rights.

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11:57 01 May 25

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A unique firm headed by a fantastic people : i wish people could see what the solicitor did in court

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22:26 07 Apr 25

Top tier, professional solicitors, highly recommend for anyone seeking legal advice/representation. Big thanks to Abu Kibla and his team for representing me.

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08:25 20 Mar 25

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I went to prison for something I hadn’t done Mr Zeb help me with my case and with his help I have I have got my character in tact and a new life ahead of me

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12:39 05 Mar 25

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17:44 04 Mar 25

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12:10 21 Feb 25

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11:09 11 Feb 25

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13:26 04 Feb 25

Anna was very caring and professionalHer knowledge and advice coupled with a soft speaking approach was excellent.Thank you

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14:25 20 Jan 25

Mr Kibla, whom was a duty solicitor at the time of my visit to one of the courts, was really helpful and did his duty with utmost professionalism, care and consideration. Well done, and thank you!

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16:04 09 Jan 25

I have given Stuart Miller a five-star review for their exceptional responsiveness to feedback and their ability to implement immediate solutions to any issues encountered with their service.This is not to suggest that you will always have an outstanding experience with everyone at the firm, but I can highly recommend Kate. She demonstrated the skill set required to be an excellent solicitor and restored my confidence in Stuart Miller enough to warrant a five-star review for the firm.

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14:46 03 Jan 25

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23:28 16 Nov 24

These guys are highly professional and down to earth; they listen, support and go all out to help with empathy and passion- Solicitor Kiran is one top notch professionalKeep up the good work

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10:19 30 Sep 24

Hi I used this law firm for a trial and they went above and beyond to help me. I truly do recommend all use this law firm and they know there stuff. I was found not guilty at trial and Sarah did an amazing job.I'm so happy thanks guys

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14:13 14 Aug 24

When you have to look for a solicitor it’s usually because you’ve found yourself in less than pleasant circumstances. That was absolutely the case for me when I reached out to Stuart Miller Solicitors.I was dealing with a matter that had transpired over two years ago and was receiving repetitive communications and misdirections from police. However, that all ended when I was represented by Stuart Miller Solicitors.They were so helpful at every stage, but especially Scarlett Rowe, who simply was exceptional.Scarlett went above and beyond what I sense my case even required. She submitted disclosures and communications to CPS in a manner and at junctures where it would be most impactful and therefore critical to a good outcome. And that’s exactly what I got—nothing short of a good outcome.

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09:14 10 Aug 24

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Adam Jimenez

17:21 25 Jul 24

I’d like to thank the team and especially Anna Sidgwick, on securing the acquittal for my son at Isleworth Crown Court.In what was a traumatic and emotional experience Anna was always on hand to support us.Effectively bridging the gap with our son who was in custody.Her diligence and commitment allowed what was a troubled experience, bearable.Very professional and diligent.Much appreciated.

Nur Aslan

16:59 11 Jul 24

What can I say! When no one else would listen to me or give me the benefit of the doubt in a completely nonsensical case, Mohammed Zeb and Nick James were my knights in shining armor. Mohammed Zeb believed in my innocence, and Nick, along with the rest of the Stuart Miller team, upheld my integrity while tirelessly fighting my case day and night. Their commitment, dedication, and unwavering support were crucial when everyone else thought I was headed for a prison sentence. After three and a half years, when the Crown finally brought us to trial, they not only won but did so unanimously.We all see shows like "Suits" and "Better Call Saul," but if you want to get your life back, there's only one place for all criminal cases: Stuart Miller. They particularly excel at police custody representation. When you're in a tough situation, there's only one team you need—Stuart Miller. Thank you all for giving me my life back!

mary Cerimi

15:02 30 Jun 24

I actually spoke to one of the solicitors via TikTok when I came across a video they had posted - they were quick to respond and listen to my Case and offer me advice I feel they gave me some piece of mind and will definitely be keeping in touch

Nilanjana Bhattacharya

11:59 25 Jun 24

Amazing lawyer firm. After being represented by Amirah K. we were able to have our case dropped within 5 months when original estimates had been 2 years!! Most firms said they would do nothing and that we should just do legal aid. Stuart Miller said “No” and instead seeked to represent us, they chased the OIC and went far and beyond.If you need a lawyer, don’t waste time on these other smaller firms that promise nothing but scary maybes and demand thousands in return. Go with Stuart Miller, it’ll be the best decision you ever made.

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