A copy of the Bail Management Toolkit, as currently in force. Please find the attached records that are relevant to your request above:
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- Alexina Welch
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1 Freedom of Information Request Reference No: I note you seek access to the following information: A copy of the Bail Management Toolkit, as currently in force. DECISION I have disclosed the located information to you. Please find the attached records that are relevant to your request above: 1. Bail Management Policy 2. Pre Charge, Investigative and Post Charge Police Bail Checklist 3. Street Bail Checklist 4. Bail Management Policy - Questions and Answers 5. Bail Management Toolkit - Street Bail - Questions and Answers Information Rights Unit
2 ,*Po LicvPages TOTAL POLICI N G Freedom of Information Publication Scheme P rotective Marking : Not Protectively Marked Publication (Y/N) : Y T it l e : Summary : Branch / OCU : Bail Management Policy This policy is to ensure a corporate approach to all bail processes and activitie s within the MPS. Territorial Policing - Capability and Suppo rt - Crime Policy Date created : 10 th August 2016 Review date : July 2017 Version : 2. 1 Author: TP - C&S-Crime Policy Application When? This Policy applies with immediate effect. Who? All police officers and police staff, including the extended police family and those working voluntarily or under contract to the Mayor's Office for Policing and Crime (MOPAC) or the Commissioner must be aware of, and are required to comply with, all relevant Metropolitan Police Service (MPS) policy and associated procedures. This Policy applies in particular to officers and staff in the following roles : (This list is not intended to be exhaustive.) Arresting Officers Custody Officers Custody Managers Investigating Officers Criminal Justice staff Front Office staf What? This policy applies from when a person is first granted bail until the conclusion of the case, irrespective of the outcome. Policy Principles The Police and Criminal Evidence Act 1984, amended by the Police and Justice Act 2006 empowers police, where an offence is suspected, to detain suspects, to authorise and continue their detention until sufficient evidence exists to charge and/or release on bail, with or without conditions, and to issue Street Bail. Purpose and Benefits The purpose of this policy is to : ensure this conforms with legislation ; ensure bail is used effectively, thereby reducing the number of persons failing to appear on bail, and ;
3 20 PpOLICY Pages TOTAL POLICI N G reduce the risk to the public and the MPS through suspects reoffending whilst on bail. This policy seeks to ensure that correct procedures are followed, with regards to all aspects of bail, to prevent a suspect's detention being longer than necessary, to ensure that the correct decisions are being made regarding use of bail, and that reliable systems are in place to monitor bail. The policy also ensures that the issuing of street bail is used efficiently and effectively, to minimise the detention of a person to no longer than necessary and to free up police resources both on the street and in custody suites - Sections 30, 30A to 30D of the Police and Criminal Evidence Act This policy seeks to protect the MPS from any subsequent litigation and to prevent members of the public from being at risk through dangerous persons being unjustifiably at libe rty. To balance these two considerations, this policy and associated toolkits will provide guidance to ensure decisions are proportionate and necessary. Associated Documents and Policies Bail Management Toolki t Other associated policies ; Disposal Decisions Policy Toolki t Corporate Case Progression Policy Custody Policy Toolki t Key legislation ; Bail Act Police and Criminal Evidence Act 1984 Police and Justice Act 2006 Notices to be Cancelled Item 1, Notices 30/09-22 July
4 v*po LicvPages Freedom of Information Publication Schem e E... '~~ ~ ' TOTAL POLICIN G Protective Marking : Restricted Publication (Y/N) : N Title: Pre Charge, Investigative and Post Charge Police Bail Checklist Summa ry: Branch / OCU : Mandatory actions when considering/using police bai l Territorial Policing - Capability and Suppo rt - C ri me Policy Date created : 8 th Februa ry 2017 Review date: July 2017 Version : 1 2 Author : TP - C&S - Crime Policy Bail Management Toolkit - Frontline - Pre Charge, Investigative & Post Charge Police Bail All Actions are Mandatory. This checklist sets the minimum standard that must be achieved. It is not exhaustive. Further work must be unde rtaken where appropr iate. Actions Verify the suspect's identification through `Livescan'. Complete Form 60E and hand to custody officer. Verify an appropriate bail address. Consider all risk factors before issuing police bail. (Please also view Domestic Abuse Toolkit when considering police bail for DA matters). Consider if foreign national offenders require SOCA or Interpol checks (see Useful Resources). Discuss bail decision with Supervisor and/or Custody Officer. Consider the victim 's (or the victim 's representative 's) views and concerns. Impose bail conditions where appropriate. See Q&A's for fu rther information. Determine an appropriate bail date in conjunction with an expeditious investigation. Be realistic as to what can be achieved by bailing the suspect, whether that is for a matter of days or weeks. Re-bails should not be necessa ry in the majority of cases. Provide the offender with written notification of the bail details. Ensure all conditions to be imposed are fully explained to the suspect. Fully explain the consequences of breaching any conditions or failing to attend at the appointed date and time.
5 ' POLICY Pages Em ~ TOTAL POLICIN G Update CRIS with bail dates and any conditions imposed. Inform the victims and witnesses of the suspect's release on bail and inform them of any conditions imposed (see Total Victim Care Toolkit). Manage fu rther investigation to ensure required investigato ry actions, including CPS advice, are completed prior to the bail to return date. Complete a CRIMINT record detailing bail dates and any conditions imposed or i f remanded in custody to cou rt. Denying Bail Actions Complete a MG7 detailing the grounds to remand in custody. Consider content of Form 60E when seeking grounds. Consider views of the victims and witnesses and record them onto CRIS DETS. Allow the legal representative, suspect and appropriate adult (where applicable) to make representations for why bail should be granted. If the suspect is remanded in custody to cou rt, consider going, officer, to court to provide evidence for a remand. or sending anothe r Re- bail or No Fu rther Action (NFA) Actions Decisions to re-bail must be authorised by the appropriate rank of officer (pleas e see Q&A's). Custody record to be amended accordingly with the authorisation and details of th e re-bail by the decision maker if possible or the Custody Officer. If NSPIS is not available, complete Form 60R with the relevant authorisation an d hand to the Custody Officer or Bail manager who will re-schedule the appointment. The Officer in charge (OIC) or deputy OIC will re-bail the suspect on their return t o the police station. Offenders on bail can be notified of changes to bail dates through the post. This should only be done if all other methods have failed and then by recorded delive ry to provide an audit trail should the suspect fail to a ttend. Once the decision is taken to discontinue or NFA an investigation, record tha t decision and the cancellation of bail on the relevant NSPIS record, stating the name
6 v*po LicvPages EM... TOTAL POLICIN G of the authorising officer and the reasons why. The offender or the ir legal representatives must be notified as soon as practicab le of the decision to take no fu rther action (NFA). A pre-formatted document from the NSPIS System detailing the NFA can be sent to the offenders ' home address. Breach of Police Bail Actions Complete EAB as required. If a suspect fails to return to a police station on bail, arrest for failure to surrende r under section s46a PACE 1984 ( Remember PACE clock re-commences ). If a suspect breaches police bail conditions prior to charge, arrest for breach of bai l (s46a PACE 1984 as inserted by CJPOA 1994 s.29(2). Remember, there is n o offence to charge - you should consider an alternative to arrest. Complete a MG1 1 statement detailing any minor infringements observed which can then be sent on to the relevant OIC for action. This will not spend PACE time unnecessarily. If a suspect breaches or is likely to breach bail conditions or fail to surrender t o custody or a court, arrest offender under s7 of the Bail Act Do not charge. If originally bailed to cou rt, take offender before cou rt within 24 hours. When an arrest is made for breach of bail, you must notify the 10 of the origina l offence (copying in their supervisor). This will allow the 10 to review the risk assessment with respect to the victims and witnesses in the original case. Bail enforcement Actions Know your local offenders and their bail conditions. See MetBats and other loca l intelligence. Check EWMS and P N C before taking any action.
7 ' POLICY Pages Em ~ TOTAL POLICIN G Freedom of Information Publication Schem e Protective Marking : Restricted Publication (Y/N) : N Title: Street Bail Checklist Summa ry: Mandatory actions when considering/using Street Bai l Branch / OCU : Territorial Policing - Capability and Support - Crime Polic y Date created : 10th August 2016 Review date : July 2017 Version : 1. 1 Author : I TP - C&S - C ri me Policy Bail Management Toolkit - Frontline - Street Bail - Checklist All Actions are Mandatory. This checklist sets the minimum standard that must be achieved. It is not exhaustive. Further work must be unde rtaken where appropr iate. Actions After the offender has been arrested, assess availability of evidence and conside r whether any intelligence or evidence may be lost Liaise with your line supervisor/manager to assess the nature of offence and th e suitability of issuing/giving the suspect Street Bai l Establish identity of the offender beyond doub t Ensure all risk factors are considered - If under 17 years or considered as a vulnerabl e adult additional risk factors may need to be considere d Ensure offender has full understanding of the Street Bail process and their right s Liaise with the Custody Officer of the intended custody suite to secure suitable date o f return Complete EAB - Recording evidence of arrest and investigation. Must also detail th e reasons why Street Bail has been issued, how the offenders identity and address wa s establishe d Consider section 18 search of premises occupied or controlled by the offender before street bail is issue d Consider whether any conditions should be attached to the bail. If so apply condition s ensuring they are necessary, propo rtionate, effective and enforceable. Consider taking a photograph of the offender to ensure the correct person returns back on the street bai l Complete Form 42 (Notice of Street Bail) and hand relevant parts to offender an d ensure it has been signed by the offende r Complete Form 43 (Notice of time/date and station of attendance) if require d Complete Form 44 if the offender is a juvenile. A copy must be given to the parents/guardian or persons with parental responsibility of the juvenil e If the street bail is to be cancelled complete Form 43A and send to the offender a s notification
8 v*po LicvPages... EM The completed paperwork must then be sent/taken to the custody suite to allow for a NSPIS record to be opened and the bail to return date/time noted. The offender must either attend a police station on a specified date or inform offender that they will receive a Notice within 7 days, informing them of a specified date, time and location to attend TOTAL POLICIN G Breach of Street Bail Has offender failed to appear or breached any of their street bail conditions set the n Section 30D PACE provides a power of arrest. The offender can be taken to a designated police station to be dealt with of the origina l offence however not further offences are committed
9 ' POLICY Pages Em ~ TOTAL POLICIN G Freedom of Information Publication Schem e Protective Marking : Restricted Publication (Y/N) : N Title: Bail Management Policy Questions and Answer s Summa ry: Questions and Answers when considering/using police bai l Branch / OCU : Territorial Policing - Capability and Suppo rt - Crime Policy Date created : 30th August 2016 Review date: July 2017 Version : 1 2 Author : I TP - C&S - C ri me Policy Bail Management Toolkit - Police Bail - Q&As What is the meaning of Police Bail in relation to criminal proceedings? Police Bail is the term used when a person has been arrested under suspicion of committing criminal offence but is released from police custody until their next appears at the police station or their first appears at cou rt. What are the different types of Bail that can be granted? Street Bail - A police officers grants bail to an arrested person prior to the arrival at the police station. (Please see Street Bail Toolkit) Pre Charge (Investigative) Police Bail - The investigation is ongoing or a charging decision from Crown prosecution Service (CPS) is required. If the CPS view the case papers and request further evidence before deciding to charge the bail will remain known as thi s Post Charge Police Bail - The accused has been charged with a criminal offence and is awaiting their first hearing at Magistrates cour t Court Bail - The accused has attended their first hearing at Magistrates Court and is awaiting their criminal trial to begi n What are the categories of Bail that can be granted? Conditional Bail - Restriction that are imposed whilst the accused is on bail Unconditional Bail - No restrictions imposed whilst the accused is on bail. Who is responsible for issuing and deciding Police Bail? The custody officer is responsibly for issue Police Bail unless it is Street Bail (see Street Bail toolkit). Once at the police station/custody suite, it is at discretion of the custody officer to decide if the accused can be placed on police bail or otherwise released. What is a form 60E? Once an accused has been ` booked in ' into the custody suite, the custody officer must give a Form 60E to the arresting officer. This form details the checks required before bail can be considered.
10 ' POL ICY ~~ s n EM~ TOTAL POLICING It is very important that the arresting officer conducts a thorough enquiry to establish the identity and verify any addresses suitable for bail for the accused. This will be achieved by the officer completing the form from beginning to end. Once the Form 60E is complete, the form must be handed back to a Custody Officer, who will use the information provided on the Form 60E to confirm whether or not bail is a suitable option. The Custody Officer will sign the form when it has been completed adequately and return it to the arresting officer who will place the Form 60E with the case papers. When must an accused be placed on Police Bail? An accused must be placed on bail if any of the following circumstances apply, Insufficient evidence to charge and fu rther investigation is necessa ry. Sufficient evidence to charge but detained under s37(7)(a) PACE for seeking CPS charging advice. Accused has been charged with a criminal offence and there is insufficient grounds to refuse bail. (s38(1) PACE). Who can grant Police Bail with conditions? The custody officer has `normal powers' under The Police and Criminal Evidence Act (PACE 1984) to impose Bail cond itions. Also a police constab le who is issu i ng Street Ba il may a lso grant Street Bail with conditions (Please see Street Bail Toolkit for fu rther information). What are `normal powers '? Normal powers means that conditions can be imposed if the custody officer considers them to be propo rtionate and necessa ry to prevent the accused from : Failing to surrender to custod y Committing further offence while on bai l Interfering with witnesses or otherwise obstructing the course of justice, whether in relation to himself or any other perso n Or for their own protection. If they are a child or young person, for their own welfare or in their own interests. How are Police Bail conditions justified? Bail conditions must be justified under the Bail Act They must be capable of being policed for compliance, help protect the victims and witnesses as well as protecting the accused. Conditions imposed can represent a substantial infringement on the rights and liberties of the accused. Considerations must be given to the likely impact of the Police Bail conditions imposed. Police Bail conditions will need to be reviewed, as the perceived risk posed may change. 2
11 soppolicy Pages EM What Risk Factors should be considered when considering ? The following should be consider when considering Police Bail :... TOTAL POLICIN G The safety and protection of the victim, children and the accused Any family contact Whether there is a likelihood that the accused will offend agai n Whether the accused has made any threats before or since the inciden t That there is evidence that the accused relatives or associates have been contacting the victi m The location of the address of the victim and the accused Whether bail conditions apply Whether the accused is on License/Court Order and is subject to conditions Whether the accused is currently subject to a Suspended Sentenc e Whether the defendant is subject to any current Civil Orders If there have been any previous breaches by the accuse d The Home Office (2015) Guide on Firearms Licensing Law states that a Domestic Violence (DV) incident should trigger a review of the certificate holder's possession of a firearm or shotgun, if applicable. Officers should make appropriate checks and initiate an urgent review where a firearms or shotgun licence is held by the suspect, whether they are bailed or remanded in custody. Please see Domestic Abuse toolkit. What if the accused has committed an offence which imposes a r isk to their family members (vulne rable o r children)? There will be some cases where police have no alternative but to impose Police Bail conditions restricting the accused from having unsupervised contact with their children. This will especially relate to cases of Child Abuse and Domestic Abuse investigations. This Police Bail condition will need to be justified and agreed with Social Service as they will be implementing the family contact, which is usually held at a local contact center. The Investigating Officer will need to liaise with Social Services within their local authority or where the child/children reside to facilitate the contact. Can sureties and securities been used in relation to Police Bail? No, although the Bail Act 1976 states that officers may uses sureties and securities when issuing conditional Police Bail however the National Strategy for Police Information System (NSPIS) will not allow the custody officer access these options so are not available for police bail.
12 soppolicy Pages EM What must the accused be informed of before they are relea police Bail? They must be informed that : It is their responsibility (not the victim's) to comply fully with any bail condition s... TOTAL POLICIN G Any breaches of bail will be treated as such even if the accused and/or victim states they have reconciled or the victim has made contact with the m It is the CPS (not the victim) who makes decisions in relation to chargin g It is the CPS (not the victim) who makes decisions in relation to prosecution. How many times can an accused be re -bailed on Police Bail? There are no limits set however it must be reasonable, justified and necessary. Can I make an arrest for a breach of Police Bail or a Failure to surrender back on Police Bail? Yes, Section 46 PACE provides a power of arrest to arrest a person who has breached their police bail conditions or who has failed to surrender to police bail. If the person is re-bailed without charge, this must be with the same conditions as before (if any), as there is no power to add or to vary the conditions. What are the investigating officer's responsibilities in relation to police bail? It should always be the investigative officer 's objective to complete the investigation in the first period of detention wherever possible. Consideration must be given to the forensic/medical/outside agencies and other technical analysis of exhibits. The investigati ng officer must update the accused in wr it ing why they are subject to a re -ba il and whether the bail conditions are to remain as well as keeping the victim up to date with the investigation. (Please see Total Victim Care Toolkit). Can the accused change their bail conditions? Yes, Section 47(1 C) PACE allows for applications to be made by the arrested person to the Magistrates' Court to vary the conditions of the police bail. Can police vary or remove an accused Police Bail? No. When the accused is first released on to police bail only at that point can police impose conditions on the accused. No further conditions can be added or altered regarding their police bail conditions until their return back to the police station on their police bail. Officers are able to change dates and time of returning back on Police Bail or to attend court. 4
13 v*ppol1cvpages... EM TOTAL POLICIN G What if there is fresh evidence in a case, can I then vary their bail conditions? Yes, if police have fresh evidence in a case and the accused is arrested before attending their police bail to return date police add or vary bail conditions. Can I meet with the accused in person whilst on Police Bail? No, if you have cause to interview or meet a person on police bail, for example as a witness, the meeting must be authorised by a senior officer, this is usually in the rank of Superintendent or higher. Form 38 must be completed. What happens if the meeting is one of chance? If an officer has a chance meeting with a person on Police Bail and there is no discussion of the case, it is unnecessary to complete Form 38. The person must be informed politely that it would be inappropriate to discuss any of the issues relating to that investigation against them. Should the individual insist, or the officer comes into regular contact with that person, the officer should submit Form 5020A through their local DPS Borough Support Unit. In all cases of doubt the officer should contact their local DPS for advice. If the accused is a family member, close friend or neighbour on Police Bail and the officer envisages being in regular contact, the above advice would protect the officer and the MPS from any allegations of impropriety. What should I do if the person on Police Bail is a police officer or member of police staff? Where the officer or member of staff is on bail and restricted duties, officers and staff working with them will not be required to submit Form 38 but should refrain from discussing the offence(s). Contact the relevant DPS unit if in doubt. In the circumstances where the individual concerned is suspended, the authorisation, conduct and location of any meeting will be subject to the Suspensions Toolkit held by DPS. Please contact the relevant DPS unit for fu rther information. 5
14 Wi PO L I CYP Freedom of Information Publication Schem e Protective Marking : Restricted Publication (Y/N) : N Title: Bail Management Toolkit - Street Bail - Questions and Answers Summa ry: Questions and Answers when considering/using street bai l Branch / OCU : Territorial Policing - Capability and Suppo rt - Crime Policy Date created : 10th August 2016 Review date: July 2017 Version : 1.0 Author : I TP - C&S - C ri me Policy TOTAL POLICIN G Bail Management Toolkit - Street Bail - Q&As What is Street Bail or bail elsewhere than at a police station? Street bail, or bail elsewhere than at a police station, is a discretionary power designed to give police officers flexibility for action after arrest. It enables a person arrested for an offence or who has been taken into the custody of a police officer after arrest to be released on police bail by a police constable on the proviso that they will attend a police station at a specified later date. This Police Bail may have additiona l conditions attached. (Sections 30, 30A to 30D of the police and Criminal Evidence Act 1984(PACE1984)) What is the purpose of Street bail? The purpose of street bail is to assist police officers with better planning and management of criminal investigation and their work case load which, Enable officers to remain on frontline dutie s Reduces delay by better planning and preparation for appropriate adults to attend Reduces the overall time a accused is kept in custod y Reduces the need for an accused to be taken to a police station. Can juveniles be granted Street Bail? Yes, where a juvenile is granted street bail contact must be made as soon as practicable in person or by telephone with a parent/guardian/carer or any persons with parental responsibility of that juvenile. The parent/guardian/carer or any persons with parental responsibility of the juvenile must be : Given a copy of form 44 Informed that the juvenile has been arrested Informed of the offence of which the juvenile has been arrested for Informed that the juvenile has been released on street bail
15 Wi CYPages EM TOTAL POLICING Informed that the juvenile has been given a notice which sets out a requirement to attend a police station Informed that they juvenile will be sent a copy of the notice given to the juvenile in the post. In addition to the considerations listed in the next question, the following must be considered when considering releasing a person under 17 on street bail : Do they face any risks from parents/guardian or any person with parental responsibility If in the care of the local authority would release be inappropriat e Would they be put at any risk if released on street bai l What considerations should a police officer make when considering street bail? Before granting street bail the following must be considered : The impact the offence has had on the victim and the public at larg e The necessity to take the accused to the police station to preserve or examine evidence which could be lost if the accused is release d Whether the accused is fit enough to be released back into the community Their understanding of the procedure The risk of the accused committing further offence s That you are satisfied with the identity and address of the accused That you are confident that the accused will answer his bai l The safely and wellbeing of the victim and accused Are there specified offence that street is suitable for? No, however street bail should only be granted in relation to minor arrestable offences or offences which do not justify immediate action. Officers must look at each case on their own individual merit to assess the suitability of street bail and discuss with their supervisors/line managers. When must street bail NOT be issued? Street bail must not be issued in cases where : There is doubt as to the identity and address of the perso n The person resides outside the U K There is substantial doubt that the person will not attended the police station as required 2
16 Wi CYPages EM TOTAL POLICING There is any likelihood that release on bail may adversely affect the investigation, the suspect, victim, property or any witnes s There are reasonable grounds to believe that the person may repeat the offence or commit further offences if release d The person has been arrested on a first instance section 1 Magistrates Court Act 1980 The person is intoxicated by alcohol or other substanc e The person refuses to accept or is unable to understand the street bail procedure (this particularly applies to persons who are suffering from any mental disorders or are mentally vulnerable and persons under the influence of alcohol or drugs ) The person is already on police bail or court bail for other offences The person is serving a custodial sentence, including a Home detention curfew The person is subject to an antisocial behaviour order or a community penalty other than a fine The person is a prolific or other priority offende r If there are any doubts, street bail should not be granted and the person concerned must be taken to a designated custody suite as per PACE When deciding to issues street bail who should be notified prior to making the decision to issue Street bail? This must be discussed with your Supervisor/Line Manager. Is there a time scale for Street Bail? No, however in deciding the period of street bail officers should ensure that the period of street bail is no longer than is necessary to assemble the evidence in the case. Consideration must be given to street bail with conditions as this places significant restrictions on the accused person. Can bail conditions be imposed when issuing Street Bail? Yes, conditions can only be imposed if there are grounds for believing that the person may : Fail to surrende r Commit offences on bail (current or previous ) Obstruct the course of justice and or interfere with witnesse s or for the persons own safety.
17 W: Po L!cvPages... EM TOTAL POLICIN G When setting street bail conditions the officer must ensure that they are justified, necessary and proportionate. They should be, Exact - Clearly defined and easily understoo d Effective - Avert the ris k Enforceable - Police are able to monitor compliance and detect breaches. Are there any street bail conditions that cannot be imposed? Yes, the following conditions cannot be imposed when issuing street bail : A condition of surety A condition requiring the accused to reside in to a bail hoste l A condition not to attend a hospital, A&E departments, or other places emergency medical treatment may be sough t Conditions excluding the accused from their places of work, education or anywhere they have a responsibility to a ttend. (The exclusion must come from those premises. A condition may be imposed to prevent inte rference of victims/witnesses or committing further offences). Can the street bail conditions be cancelled or removed? It is the officer's responsibility supervised by their line manager to ensure that the imposition of street bail and any condition remains necessa ry throughout the street bail period. If as a result of any enquiries officers become aware that any condition is no longer necessa ry the condition must be removed by notifying a custody officer at the nominated custody suite who will generate a bail variation notice to be served on the accused. What if the accused breaches their street bail conditions? An accused person who has been released on street bail with conditions may be arrested without warrant if an officer has reasonable grounds for suspecting an accused has broken any of the conditions of their street bail. No further offences are committed if an accused breaches their street bail conditions, the breach merely re-establishes a power of arrest for the original offence. The arrest and detention at the police station is the equivalent of the person being brought to the custody suit for the first time for that offence. Is there any paper work which is required to be filled out if Street bail is issued? Yes, an Evidence and Action Book (EAB) must be used to record notes and evidence relating to the arrest and investigation. The record must detail the reason for granting street bail and how the accused identity and address was established. 4
18 W: PpOLICY Pages EM... TOTAL POLICIN G In addition to the EAB there are a number of forms which will require completion, Form 42 - This is a complete notice of street bail and has carbonated pages which can be removed and given to the arrested perso n Form 43 - Notice given to arrested person after release on street bail (Form 43 can be located under forms on the Intranet) Form 43A - Notice given to person released on street bail - requirements to attend police station cancelled (Form 43A can be located under forms on the Intranet ) Form 44 - Notification concerning street bail - Requirements to attend a police station. This form is to be given and sent to the parents/guardian or persons with parental responsibility (Form 44 can be located under forms on the Intranet ) Form 44A - Notice given to arrested person after release on street bail - This is a proforma letter which is to be sent to the arrested person (Form 44A can be located under forms on the Intranet ) Form 45 - This is a proforma MG11 for the granting of instant bail - Form 45 can be located under forms on the Intranet) When a person is arrested and is to be given 'street bail ', can they be photographed at the time to make sure the right person turns up at the police station? Yes, Section 64A PACE allows for a person to be photographed elsewhere than at a police station, whether he consents or not. The occasions where a person may be photographed are listed in section 64A(1 B). Can searches be conducted if the accused it released on street bail? At the point of arrest the usual section 32 search will apply however section 18(5) of PACE 1984 has been amended to a llow prem ises which are occup ied or contro lled by the accused to be searched under section 18(1) PACE whilst the accused remains under arrest for an ind ictab le offence and before re leased on street ba il. 5
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