Use of Pre-Charge Bail Improving standards for the Police Forces of England and Wales Consultation period: 27 March - 19 June 2014 Send responses to: bail.consultation@college.pnn.police.uk For more information on this consultation see: http://www.college.police.uk/en/21590.htm
Use of Pre-Charge Bail College of Policing Limited Leamington Road Ryton-on-Dunsmore Coventry, CV8 3EN Publication date: March 2014 College of Policing Limited (2014) All rights reserved. No part of this publication may be reproduced, modified, amended, stored in any retrieval system or transmitted, in any form or by any means, without the prior written permission of the College or as expressly permitted by law. Anyone wishing to copy or re-use all or part of this document for purposes other than noncommercial research or private study will need a licence. Licence applications can be sent to contactus@college.pnn.police.uk Where we have identified any third-party copyright material you will need permission from the copyright holders concerned. All other enquiries about this product should be addressed to contactus@college.pnn.police.uk The College of Policing aims to provide fair access to learning and development for all. To support this commitment, this publication is available in alternative formats on request. Please email contactus@college.pnn.police.uk 27 March 19 June 2014 Page 2 of 12
Use of Pre-Charge Bail Consultation: your feedback Consultation: your feedback This consultation forms part of a review of the use of pre-charge bail by the police forces of England and Wales. It is being conducted by the College of Policing and will provide the basis for national guidance on appropriate and ethical use of bail. Feedback process: The closing date for the feedback on pre-charge bail is Thursday 19th June 2014. Feedback can be emailed to: bail.consultation@college.pnn.police.uk Alternatively, feedback can be sent to: Ian John, College of Policing, 10th floor, Riverside House, 2A Southwark Bridge Road, London SE1 9HA For further information please contact: ian.john@college.pnn.police.uk Next steps The business area leads will contribute towards a final report with appropriate recommendations. The report will be published in summer of 2014 on the College of Policing website. 27 March 19 June 2014 Page 3 of 12
Use of Pre-Charge Bail Contents Contents 1 Overview 4 2 Background 6 3 Aims 8 4 Authorised professional practice 8 5 Bail principles 9 1. First period of detention 9 2. Reason for bail 9 3. Bail periods 9 4. Bail for CPS charge decisions 9 5. Advice files 10 6. Re-bail authority 10 7. Bail management 10 8. Bail data 10 9. Active management 11 10. Alternatives to custody 11 6 Consultation questions 12 27 March 19 June 2014 Page 4 of 12
Use of Pre-Charge Bail Overview Overview Pre-charge bail, sometimes called police bail, is an important tool in bringing offenders to justice and protecting victims and communities. It also minimises the length of time suspects are detained while enquiries are undertaken. The College of Policing is conducting a public consultation on the use of pre-charge bail. Its purpose is to undertake a review of the issues and associated procedures in order to consolidate national guidance and principles on the use of pre-charge bail for the police service of England and Wales. There needs to be an element of flexibility to deal with the range and complexity of different criminal investigations. A balance needs to be struck between the rights of those on police bail, and securing justice for victims of crime. This consultation provides an opportunity to address concerns about the use of police bail and to explore the proportionate use of bail with clear lines of accountability, strong relationships with the Crown Prosecution Service (CPS), and transparency around the effective management of bail in each police area. There are wide variations in the length of time people can remain on bail in different police areas. This has contributed to a view among some members of the public that there is a lack of transparency and trust in this important field of policing. The consultation seeks to establish if the measures that have recently been put in place by the Association of Chief Police Officers (ACPO) and the College of Policing to introduce a set of bail principles are sufficient, or whether there is a need for more formal regulation of the use of police bail. Above all, the consultation aims to identify the measures required to maintain confidence in the police service s ability to use bail effectively. 27 March 19 June 2014 Page 5 of 12
Use of Pre-Charge Bail Background Background Prior to charging a suspect with a crime there are broadly two scenarios where the police are required to grant bail with or without conditions. Where there is as yet insufficient evidence to charge a suspect with an offence and it is necessary to continue to investigate without them being held in custody. See section 37(2) of the Police and Criminal Evidence Act 1984 (PACE). Where the police consider there is sufficient evidence to charge the suspect but the case has been referred to the CPS for a charging decision. See sections 37(7) (a) 37 (7) (c) of PACE. The police may detain a suspect for up to 24 hours prior to charge. Where the offence being investigated is indictable (can be dealt with at the crown court) detention can be extended to 36 hours on the authority of a police officer of at least the rank of superintendent. A warrant of further detention issued by the magistrates court would be required to extend detention beyond 36 hours to a maximum of 96 hours. In order to avoid prolonged periods of detention, the police have the power to grant bail to allow them to make further enquiries. This stops the detention clock while the police undertake outstanding enquiries. Advances in investigation techniques and evidence gathering have meant that the length of time required to pursue avenues of enquiry varies greatly between different types of cases. More serious or complex crimes, such as sexual offences or cybercrime, generally require in-depth investigation and this can lead to longer bail periods or even multiple periods of bail. Decisions are made on a caseby-case basis and investigators prioritise forensic analysis of serious cases while a person is in police custody in order to reach a charging decision. Financial considerations and workloads are also factors that can lead to longer bail periods. All expenditure has to be justified and it is, therefore, not possible to treat all cases as a priority. However, for routine cases involving scientific examination, bail is used while the forensic work is conducted, which in some cases can take several months to complete. Where there is insufficient evidence to charge a suspect within the initial permitted period of detention, the alternative is to release them without charge and then consider re-arrest if new evidence comes to light as a result of those enquires. In such cases this has the effect of resetting the custody clock to zero and, if necessary, allows the police to detain the suspect for a further period of up to 36 hours over the course of that investigation. 27 March 19 June 2014 Page 6 of 12
Use of Pre-Charge Bail Background Where a decision to bail a suspect is made, pre-charge bail conditions can be imposed to protect witnesses and communities during the investigative process. However, the conditions imposed on this type of bail can substantially restrict the freedom of suspects. This can be particularly distressing for individuals who have been subject to lengthy periods of conditional bail and ultimately not charged with any offence. The use of police bail was significantly affected by the case of R (Chief Constable of Greater Manchester Police) v Salford Magistrates Court and Paul Hookway [2011] EWHC 1578 (Admin). The Court held that the detention clock continued during the bail period. Primary legislation was required to restore the pre-hookway position. During the passage of the Police (Detention and Bail) Act 2011, a number of questions were raised on the use of police bail. There were concerns that the police sometimes use their power of arrest and pre-charge bail when it is unnecessary, and that the fact they can re-bail people can result in investigations that are not conducted expeditiously. More specifically, concerns were expressed in relation to: prolonged bail periods and frequent re-bailing disproportionally restrictive or inappropriate bail conditions use of bail as a quasi-judicial punishment. Bail is an increasingly challenging process to manage. Excessive bail duration and repeat bailing compromise resources and custody capacity. They can also have a detrimental effect on investigations, sometimes leading to poorer outcomes for victims, witnesses and communities, due to loss of momentum in the investigations. 27 March 19 June 2014 Page 7 of 12
Use of Pre-Charge Bail Aims Aims These are to: provide an opportunity for police forces, interested parties and those who have been affected to express any views or concerns they may have in relation to the use of pre-charge bail recognise areas that work well identify practices and processes that are not effective and which contribute to unnecessary delay and protracted periods of bail for those being investigated. The public must have confidence in the bail process. All the feedback received from this consultation will be used to update advice and guidance to forces, in order to ensure that bail remains an effective tool for managing suspects and safeguarding victims. Authorised professional practice In response to the concerns expressed ACPO introduced 10 key principles (see following page). The principles are designed to aid effective pre-charge bail management across the police service and to ensure that any period of bail prior to charge is both necessary and proportionate. The College of Policing has included the principles in Authorised Professional Practice (APP) to ensure that police forces meet the expectations required in the use and management of police bail. The standard set in this APP provides the basis for Her Majesty s Inspectorate of Constabulary (HMIC) inspections. The outcome of this consultation will underpin a review of those principles, allow the College of Policing to consider alternative approaches and make any amendments that may be necessary and to ensure that police bail is used in an effective and transparent manner. 27 March 19 June 2014 Page 8 of 12
Use of Pre-Charge Bai Bail principles Bail principles 1. First period of detention Forces must strive to finalise investigations during the first period of detention. Any reason for initial bail (or subsequent re-bail) should be noted explicitly in the custody record. Those making bail decisions must consider proportionality, legality and necessity, and their decisions must be able to withstand scrutiny. 2. Reason for bail Unless seeking advice or a charging decision from the Crown Prosecution Service (CPS) pre-charge bail should be used only to assist officers to carry out a thorough investigation. Officers should consider what the key evidence is at the earliest opportunity and make every effort to gather it in the first period of detention. 3. Bail periods Bail periods must be proportionate to the enquiries that are necessary to finalise the investigation. In the first instance, unless there are exceptional circumstances, the bail period should be no more than 28 days, and in many instances it should be less than that. Any time in excess of this should be justified and recorded in the custody record. 4. Bail for CPS charge decisions Bail for Crown Prosecution Service Direct (CPSD) charge decisions should be for no longer than 72 hours, used only when necessary, and not routinely. Bail in serious offence cases (such as sexual offences) should be monitored regularly by the police and CPS staff to ensure that it is not excessive and is in accordance with national guidance. 27 March 19 June 2014 Page 9 of 12
Use of Pre-Charge Bail Bail principles 5. Advice files Forces should agree locally a reasonable time period for CPS decisions on advice files. These should be managed through the performance meetings in order to avoid multiple re-bails or prolonged periods of bail. As a guideline, six weeks should be the maximum. Advice files contain details of evidence obtained. They are compiled so that the CPS can assess whether there is sufficient evidence to charge a suspect. This is likely to be required in serious or complex cases. 6. Re-bail authority Decisions to re-bail offenders should be escalated to a supervising officer for review. Justification for any re-bail should be recorded in the custody record. A second re-bail should be escalated to a more senior officer and so on. The reasons for re-bail should be detailed in the custody record and endorsed by the supervising officer. If the police or the person on bail wishes to amend the bail date, a police supervisor, usually a sergeant, must be satisfied that the enquiry is being conducted diligently and expeditiously. 7. Bail management All forces should have a single point of contact who has responsibility and accountability for force-wide issues relating to bail. They oversee the use of bail and ensure that progress is being made on enquiries that resulted in the need for bail. 27 March 19 June 2014 Page 10 of 12
Use of Pre-Charge Bail Bail principles 8. Bail data All forces should evidence, monitor and ensure that information and data on bail is transparent. Such information may (but not exclusively) include the: number of persons on bail number of bail occasions not answered number of persons re-bailed number of occasions re-bailed per case length of re-bails. Forces may wish to review outcomes post bail in order to analyse its longer-term effect on criminal justice outcomes. They may also seek to identify their greatest risks in relation to bail in order to gain improved understanding of appropriate application. An example of this could be the use of bail for offences committed by foreign nationals. Forces may also wish to critically examine more qualitative information where it is available, for example: re-bail by category of offence, or data concerning the needs or vulnerabilities of a detainee. 9. Active management Bail should be an area that is actively managed internally and in conjunction with partners, for example, by raising any issues at relevant performance or cross-agency meetings to resolve any barriers or issues. 10. Alternatives to custody Forces should consider alternatives to custody, particularly in view of changes to PACE Code G regarding the necessity to arrest, and the appropriate use of out-of-court disposals. 27 March 19 June 2014 Page 11 of 12
Use of Pre-Charge Bail Consultation questions Consultation questions Persons taking part in this consultation are encouraged to provide feed-back by providing responses to the questions below. Responses can be returned via the college of Policing e-mail address or alternatively to the postal address shown above. 1. What concerns, if any, do you have about the use of pre-charge bail? 2. To what extent do you agree or disagree with the following statement? There needs to be a more formal structure to manage the use of pre-charge police bail. Strongly agree Agree Neither agree nor disagree Disagree Strongly disagree Don t know If you responded strongly agree or agree, please state how you think the current structure should be changed. 3. Bail principles provide a managerial framework for the use of bail. What amendments, additions or alternative methods would you wish to see included in the bail principles? 4. What other views do you have on the use of police bail. College of Policing Limited is a company registered in England and Wales, with registered number 8235199 and VAT registered number 152023949. Our registered office is at College of Policing Limited, Leamington Road, Ryton-on-Dunsmore, COVENTRY CV8 3EN. C09810214 27 March 19 June 2014 Page 12 of 12