The government intends to review pre-charge bail
legislation to ensure the safety of victims is prioritised
and police are supported in investigating all offences.
Pre-charge bail allows police to release a suspect from
custody, usually subject to conditions, while officers
continue their investigation or await a charging decision.
Reforms made in 2017 limited the length of pre-charge bail
to an initial 28 days and required that the extension of
bail conditions for up to three months should be authorised
by a senior officer. This was intended to prevent suspects
being left for lengthy periods under restrictive bail
conditions without being charged. The review will
scrutinise the system to see how it can be improved.
The Home Office will consider updating the rules to better
support police officers investigating crimes and ensure
that pre-charge bail is being used where most appropriate -
including where conditions are needed to protect victims
and witnesses, such as in domestic abuse cases.
Home Secretary said:
I’m committed to giving the police the support they need
to protect the public from harm – as well as supporting
victims and witnesses.
This review will ensure we put the needs of victims first
and help the police investigate complex crimes whilst
also continuing to make sure cases are able to be dealt
with swiftly.
In detail, the review would look to:
- ensure the proper use of bail to protect victims and
witnesses
- support the police in the timely management of
investigations, whether a suspect is released on bail or
without bail (known as ‘released under investigation’)
- respect the rights of suspects, victims and witnesses
to timely decisions and updates
- ensure pre-charge bail supports the timely progression
of cases to courts
- design simplified and flexible rules to support
effective operational decisions
Today’s announcement follows guidance issued by the
National Police Chiefs’ Council to frontline officers
earlier this year stressing the importance of using
pre-charge bail, including in high harm cases.
Police can apply and extend pre-charge bail as
investigations continue should they believe conditions are
still necessary.
Her Majesty’s Inspectorate of Constabulary and Fire &
Rescue Services and Her Majesty’s Crown Prosecution Service
Inspectorate are conducting an inspection of how police
forces manage changes to bail and are expected to publish
their findings next year.
