COULD I GET BAIL FOR OBTAINING PROPERTY BY DECEPTION?

Being accused of obtaining property by deception can leave you feeling unsettled and unsure about what will happen next. You may be concerned about whether you will be kept in custody, how the courts view this type of allegation, and what you can do to protect your position. This article will explain what the offence involves, what happens after arrest, how bail decisions are made, and what practical steps can improve your chances of being released while your case continues.

What is obtaining property by deception?

Obtaining property by deception is a dishonesty offence. Although the original statutory offence was replaced by the Fraud Act 2006, allegations are still commonly described in these terms. In simple terms, it concerns situations where someone is said to have obtained money, goods, or other property by making a false representation.

The prosecution must usually show that there was a representation which was untrue or misleading, that it was made dishonestly, and that it led to property being handed over. The representation does not have to be spoken; it can be written or implied by conduct.

This type of allegation often arises in commercial settings, such as loan applications, online sales, business transactions, or investment schemes. It can range from relatively modest sums to very substantial financial losses. The value involved and the level of planning alleged will significantly affect how seriously the matter is treated, including when bail is considered.

What happens after an arrest for obtaining property by deception?

If you are arrested, you will be taken to a police station and held in custody while the police investigate. You are entitled to legal advice, free of charge, before and during any interview. It is highly recommended that you exercise that right from the very start of proceedings against you.

The police may question you about bank records, communications, business dealings, or digital devices. In financial cases, investigators often need time to examine documents and electronic material. That can mean you are kept in custody while enquiries continue.

After the interview, the police must decide whether to release you, release you on bail with conditions, release you under investigation, or charge you. If you are charged, you may be kept in custody to appear before the Magistrates’ Court, usually the next working day, where bail will be reconsidered.

Serious or high-value cases are likely to proceed to the Crown Court eventually, but initial bail decisions are often made at the police station or in the Magistrates’ Court.

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

Police bail means you are released from custody but subject to specific conditions while the investigation continues. You will be given a date to return to the police station, and you must comply with any restrictions imposed.

Being released under investigation (RUI) means you are released without conditions and without a set return date. The investigation remains ongoing, and you can be contacted or charged later.

For someone accused of obtaining property by deception, bail is more likely if the police believe there is a need to restrict contact with alleged victims, prevent further financial activity of concern, or secure your attendance at a later stage. RUI may be used where there is less perceived risk and enquiries are expected to take time.

Neither outcome means the case has been resolved. Both are simply stages in the process.

Can I get bail for obtaining property by deception?

There is a general right to bail in England and Wales, but it is not automatic. The decision rests on whether there are substantial grounds to believe you would fail to attend court, commit further offences, or interfere with witnesses or the course of justice.

Obtaining property by deception is a non-violent, financial offence. In many cases, particularly where the person has a fixed address and no relevant convictions, bail is granted. However, that does not mean it is guaranteed (it never is).

If the allegation involves significant sums, multiple alleged victims, or a pattern of dishonest conduct, the police or court may take a more cautious approach. Concerns about access to funds, overseas connections, or prior breaches of bail can weigh heavily against release.

If bail is refused at the police station after charge, the Magistrates’ Court will reconsider the issue. If refused there, a further application can sometimes be made to the Crown Court. Each decision will depend on the specific circumstances of your case.

What bail conditions might I face for obtaining property by deception?

Where bail is granted, it may come with conditions tailored to the risks identified. In financial crime cases, conditions are often designed to prevent further alleged offending and protect complainants.

Common examples include:

• Not contacting named witnesses or co-defendants
• Restrictions on accessing certain bank accounts or financial platforms
• A requirement not to apply for credit or conduct specified business activities
• Surrendering your passport to reduce any perceived flight risk
• Living and sleeping at a specified address
• Reporting regularly to a local police station

The court must ensure any conditions are necessary and proportionate. They should not be more restrictive than required to address the identified risks. If conditions are too onerous or impractical, it is possible to apply to vary them.

What factors do police and courts consider when deciding bail for obtaining property by deception?

The starting point is the nature and seriousness of the alleged offence. A low-value, single incident is viewed differently from an allegation involving substantial sums and careful planning.

Decision-makers will consider the strength of the evidence at this stage. If the case appears strong and the potential consequences significant, the perceived incentive to abscond may be considered higher.

Your personal circumstances are also key considerations. These may include:

• Whether you have a stable address
• Your employment or business commitments
• Your family ties in the UK
• Any previous convictions, especially for dishonesty
• Whether you have complied with bail in the past

In financial crime cases, courts may also look at whether you have access to substantial funds or overseas connections that could make leaving the jurisdiction easier. Any history of interfering with witnesses or failing to attend court will be taken seriously.

Each factor is weighed individually when your case is under consideration. There is no fixed formula so it is hard to predict which factor might carry the most weight in any given case.

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

While the final decision is not yours, there are practical steps that can help present you as a suitable candidate for bail. Preparation and credible assurances matter.

You should ensure that clear information is available about your address, employment, and family situation. If appropriate, a family member or responsible adult may be willing to attend court to support your application.

• Provide proof of a fixed address
• Offer to surrender your passport voluntarily
• Demonstrate stable employment or business ties
• Propose realistic and workable bail conditions
• Address any previous breaches openly with context

A well-prepared application anticipates the court’s concerns and answers them directly. Simply asserting that you will comply is rarely enough; it is the supporting detail that strengthens the request.

How can a solicitor help me secure bail for obtaining property by deception? 

A solicitor’s work has an impact from the very beginning of your case, usually at the police station. Representations can be made to the custody officer about why detention is unnecessary and what conditions could address any perceived risks.

If you are charged, your solicitor can prepare a structured bail application for the Magistrates’ Court. This involves analysing the prosecution’s concerns, gathering supporting documents, and presenting your circumstances clearly and persuasively.

In more complex or higher-value cases, careful argument may be needed to challenge assumptions about flight risk or ongoing offending. If bail is refused, a solicitor can advise on the merits of a further application to the Crown Court and the timing of that step.

Throughout, the aim is to secure your release on terms that are fair and workable while your case proceeds.

Where to get more help

If you are facing an allegation of obtaining property by deception, know that getting early and focused legal advice can make a significant difference to how your case develops. Bail decisions are sensitive to detail, and presenting your circumstances properly requires care and experience. Our team understands the approach taken by police and courts in serious financial investigations and can guide you through each stage with discretion and practical judgement. For clear advice tailored to your situation, contact the team at Stuart Miller Solicitors to book a free, no obligation consultation.

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10:20 01 May 26

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09:14 20 Jan 26

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15:52 19 Jan 26

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11:51 14 Jan 26

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16:59 19 Dec 25

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08:40 27 Nov 25

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A “A Google user”

20:52 04 Nov 25

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17:38 31 Oct 25

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17:40 28 Oct 25

Exceptional service from Stuart Miller who took on my case really last minute. Savannah and Scarlett both worked on my case; both outstanding, transparent, calming and really open & friendly from the moment I made contact with the firm.

artur Olixan

08:51 23 Oct 25

Very knowledgeable and professional company, recommend to anyone going through hard and worrying times especially those who are awaiting court! Abu kibla has been very helpful and did not leave me disappointed, cheap prices and quality service! Thank you!!!

Okoro Junior

17:54 15 Oct 25

This legal firm represented me in court. My lawyer, Ms. Bun-Tejan, she was exceptional in her professionalism, very knowledgeable and provided invaluable assistance. I highly recommend their services.Initially, I was anxious when I arrived at the court.However, Ms. Bun-Tejan’s unwavering dedication and exceptional legal acumen enabled her to achieve an extraordinary outcome. I am deeply grateful for her representation and the positive resolution to my case.Ms Bun-Tejan-the best

Aaron Deyzel

10:10 14 Oct 25

My solicitor, Mr Mohammed Zeb went above and beyond to get my case dealt with swiftly, with quite possibly the best result I could have received considering the curcumstances. Highly recommend if you are looking for legal cover

99 DexterDing

15:42 09 Oct 25

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.

Jade

19:11 01 Oct 25

I would just like to say this firm of solicitors are brilliant and I would recommend to anyone, they are highly professional and efficient. I dealt mainly with Zeb Mohammed who was amazing, his correspondence and communication was exceptionally quick, he was professional whilst understanding, he is very knowledgeable in the area of criminal law and he made me feel very confident that he would achieve the best outcome he could in the case he was handling for me. Overall as firm of solicitors I would highly recommend 👍

Anil Karakus

12:13 30 Sep 25

They saved my life I can’t explain how good they are

HMLTN

13:49 21 Jul 25

Was let down by another solicitor firm who didn’t show up, was represented by Mr Kibla on short notice.Extremely professional and diligent in representing me, very grateful for the service. Would definitely recommend to anyone looking for great service.

Dominic Gainz

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.

tashu chahal

12:39 20 Jun 25

Exceptional service from start to finish. The team at Stuart Miller Solicitors was professional, responsive, and truly knowledgeable. They provided clear advice and guided me through every step with confidence. Highly recommend their services!

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