28-day pre-charge bail limit comes into force

The Government today (Monday 3 April) brings an end to the injustice of people being left to languish on very lengthy periods of pre-charge bail, by introducing a limit of 28 days.

The limit is one of several measures taking effect today introduced through the Policing and Crime Act 2017 which will rebalance the police’s use of bail in the interests of fairness.

Home Secretary Amber Rudd said:

“Pre-charge bail is a useful and necessary tool but in many cases it is being imposed on people for many months, or even years, without any judicial oversight - and that cannot be right.

“These important reforms will mean fewer people are placed on bail and for shorter periods. They will bring about much-needed safeguards – public accountability and independent scrutiny – while ensuring the police can continue to do their vital work.”

Pre-charge bail, also known as police bail, enables those under investigation to be released from custody, potentially subject to conditions, while officers continue their enquiries.

In late 2014, the then-Home Secretary consulted on measures to limit the use of pre-charge bail, as well as supporting changes such as allowing the police to release low-risk suspects without bail while an investigation continues. Through the Policing and Crime Act, the Government has now adopted the model endorsed by the public consultation.

Under the measures taking effect today it will still be possible for police to secure an extension beyond the initial 28-day bail period where it is appropriate and necessary, for example in complex cases. One extension of up to three months can be authorised by a senior police officer at superintendent level or above.

In exceptional circumstances, where the police need to keep an individual on bail for longer, they will have to apply to a magistrate for further bail.

In addition, bail will now only be used when it is necessary and proportionate. Where it is not, there will be a presumption that people will be released without bail.

Minister for Policing and the Fire Service Brandon Lewis, said:

“We needed to rebalance this system for the benefit of all concerned. Today’s changes will bring an end to those long periods of bail without any independent oversight that we have seen in the past.

“Police officers will keep on doing their crucial work. But now anyone on pre-charge bail will have their case reviewed regularly and independently. That’s the right thing to do and I thank the police for their swift and efficient work in preparing for these new rules.”

The College of Policing has helped police forces and officers prepare for the new rules and will continue to play a leading role in guiding them through the practical implications of the new regime.

As part of the Policing and Crime Act, a number of other provisions were also introduced today. These include introducing a duty to collaborate between police forces and fire and rescue authorities, PCC-style Fire and Rescue Authorities and the banning of pyrotechnic articles at musical events.

NOTES TO EDITORS

1. For more information contact Home Office press office on 0207 035 3535 or contact tom.large@homeoffice.gsi.gov.uk

2. As part of the package of reforms, forces will be required to collect data on the number of individuals on pre-charge bail.

3. According to estimates used in the consultation response, just over 400,000 people are placed on pre-charge bail annually.

3. The figure of 28 days set out in the Act was not arrived at by chance; we considered carefully the initial period of bail in drawing up our proposals, seeking to balance the administrative burden on the police with the need to put an end to the practice of people being bailed for months or even years at a time with no external scrutiny.

4. More details on the Policing and Crime Act which received Royal Assent on the 31^st January 2017 can be found here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/604159/Home_Office_Circular_-_Policing_and_Crime_Act_2017.pdf

5. Provisions introduced today as part of the phase one implementation of the Policing and Crime Act:

·         Emergency Services collaboration agreements and duty to collaborate;

·         PCC-style Fire and Rescue Authorities (in so far as they are not already in force);

·         Inspection of fire and rescue services (in so far as they are not already in force and these provisions will not have any material impact until the new inspection arrangements are in place);

·         Fire safety inspections;

·         Guidance concerning disciplinary proceedings and conduct;

·         IPCC re-naming and organisational change – relevant provisions of the Act will be commenced to enable the appointment of the Director General and Non-executive members to the Independent Office for Police Conduct;

·         Change to the statutory core purpose of the Police Federation;

·         Making the Police Federation subject to the Freedom of Information Act;

·         Removal of statutory references to ACPO;

·         Pre-charge bail reforms;

·         Retention of biometric material;

·         Miscellaneous changes to PACE, including to ensure that 17year-olds are treated as children;

·         Definition of ‘appropriate adult’ in criminal justice legislation;

·         Powers to require removal of disguises: oral authorisation;

·         Term of office and eligibility of deputy police and crime commissioners;

·         Amendments to the names of police areas (in so far as it is not already in force);

·         Guidance to police officers in respect of firearms (in so far as it is not already in force);

·         Possession of pyrotechnic articles at musical events (in so far as it is not already in force);

·         Powers to seize invalid travel documents;

·         Increased sentences for putting people in fear of violence etc;

·         Licensing functions under taxi and PHV legislation: protection of children and vulnerable adults (in so far as it is not already in force);

·         The meaning of “state detention” for the purposes of coroners’ investigations into deaths.