Home Secretary has today announced the
launch of a consultation on
pre-charge bail to protect victims and ensure the
police are supported to investigate crimes.
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.
The Home Office is launching a consultation in recognition
that more needs to be done to ensure cases are dealt with
effectively.
Home Secretary said:
I’m committed to giving a voice to victims and providing
the police with the support they need to protect the
public from harm.
The public consultation forms a central part of this
review, which will help ensure the needs of victims are
put first and the police can investigate crimes
effectively and swiftly.
Reforms made in 2017 limited the length of pre-charge bail
to an initial 28 days and required any extension of bail
conditions for up to 3 months should be authorised by a
senior officer.
This was intended to prevent those under investigation
being left for lengthy periods under restrictive bail
conditions without being charged. The consultation sets out
proposals which are intended to put victims of crime at the
heart of police decision making and support the timely
progression of investigations.
Adina Claire, Acting co-CEO of Women’s Aid, said:
We welcome this much-needed consultation. At Women’s Aid,
we’ve been calling to reverse the pre-charge bail reforms
introduced in 2017, as these restrictions on the use of
bail can leave survivors unprotected while they wait for
their perpetrator to face justice. It is now essential
that survivor voices are heard as part of this
consultation, and reforms are swiftly put in place to
protect their safety.
Proposals for consultation include:
- removing the presumption against pre-charge bail
- placing a duty on officers to use pre-charge bail in
cases where it is necessary and proportionate, including
for cases where there are risks to victims, witnesses and
the public; where it could prevent reoffending and where
the offence in question has significant real or intended
impacts
- allowing officers of a lower rank to authorise and
extend pre-charge bail
- extending the initial period where pre-charge bail can
be applied from 28 to either 60 or 90 days, as well as
delaying the point at which magistrates’ approval for the
extension of bail is required from 3 months to 6, 9 or 12
months
- introducing ‘review points’ in codes of practice for
investigations where pre-charge bail is not used, including
where individuals are interviewed voluntarily or released
under investigation
Importantly, this consultation will also look to gather
views from victims of crime and those individuals who have
been released under investigation about how the current
system can be improved, as well seeking views on the
effectiveness of existing bail conditions.
We have already engaged with a wide range of stakeholders
across policing and law enforcement, victims’ charities,
relevant government agencies and external organisations.
These views will form a critical part of our evidence.
National Police Chiefs’ Council Lead for Bail Management,
Chief Constable Darren Martland said:
We are pleased that the government has launched a review
of recent bail legislation. We welcome the new proposals
put forward and intend to fully contribute to the
consultation.
In the years since the bail legislation was amended, the
police service has worked hard to implement the changes
in the spirit they were introduced. What has become clear
in that time is that a number of unintended consequences
have followed, presenting fresh challenges for the police
service and the wider criminal justice system.
Her Majesty’s Inspectorate of Constabulary and Fire &
Rescue Services and Her Majesty’s Crown Prosecution Service
Inspectorate are conducting a joint inspection of how
police forces manage changes to bail and are expected to
publish their reports by the summer. The government will
give serious consideration to their findings.
