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This morning @TheTimes reported that the Home Secretary is planning to rip up the 28-day limit on pre-charge police bail that "left victims at risk".
It's a complex issue, but I want to say why I think this would be a retrograde step. So here's a thread: https://www.thetimes.co.uk/article/reforms-to-police-bail-that-left-victims-at-risk-will-be-scrapped-2mdzzmxk5
It's a complex issue, but I want to say why I think this would be a retrograde step. So here's a thread: https://www.thetimes.co.uk/article/reforms-to-police-bail-that-left-victims-at-risk-will-be-scrapped-2mdzzmxk5
First, it's important to be clear what the 2017 Policing and Crime Act did. It:
1. Ensured inspectors only approve bail if "necessary and proportionate"
2. Required pre-charge bail be reviewed at 28 days by a Superintendent, 3 months by magistrate
https://www.legislation.gov.uk/ukpga/2017/3/pdfs/ukpgaen_20170003_en.pdf
1. Ensured inspectors only approve bail if "necessary and proportionate"
2. Required pre-charge bail be reviewed at 28 days by a Superintendent, 3 months by magistrate
https://www.legislation.gov.uk/ukpga/2017/3/pdfs/ukpgaen_20170003_en.pdf
i.e. The 2017 reforms do not stop police forces from using pre-charge bail.
They just need to justify the use of restrictions and be held accountable for use of bail for extended periods of time.
Remember we're talking about suspects who have not been charged with any crime.
They just need to justify the use of restrictions and be held accountable for use of bail for extended periods of time.
Remember we're talking about suspects who have not been charged with any crime.
It was deemed necessary because police were using pre-charge bail a lot, for long periods of time, with no scrutiny.
In 2014, a @BBC5Live survey of forces found 71,526 people on bail in E/W/NI. 5,480 for 6 months plus.
One suspect on bail for 3.5 years https://www.bbc.co.uk/news/uk-29624498
In 2014, a @BBC5Live survey of forces found 71,526 people on bail in E/W/NI. 5,480 for 6 months plus.
One suspect on bail for 3.5 years https://www.bbc.co.uk/news/uk-29624498
It was not just celebrity cases. It was thousands of ordinary people, including many who were never charged.
Like David Prince, who told @vicderbyshire in 2017 he tried to take his life three times while on pre-charge bail for six months.
https://www.bbc.co.uk/news/uk-39779168
Like David Prince, who told @vicderbyshire in 2017 he tried to take his life three times while on pre-charge bail for six months.
https://www.bbc.co.uk/news/uk-39779168
But the celebrity cases are just as shocking. Paul Gambaccini was arrested in October 2013 under Op. Yewtree.
It leaked. His life fell apart. The BBC disowned him.
Over the next year, he was re-bailed 5 times. In Oct 2014, the CPS dropped the case. https://www.dailymail.co.uk/news/article-2983606/Is-going-terribly-wrong-British-justice-DJ-Paul-Gambaccini-spent-YEAR-bail-case-against-groundless-innocent-proved-guilty.html
It leaked. His life fell apart. The BBC disowned him.
Over the next year, he was re-bailed 5 times. In Oct 2014, the CPS dropped the case. https://www.dailymail.co.uk/news/article-2983606/Is-going-terribly-wrong-British-justice-DJ-Paul-Gambaccini-spent-YEAR-bail-case-against-groundless-innocent-proved-guilty.html
I revisit these cases because context for reform can be lost in retrospect. The political context is also important: a Conservative Bill, backed by Labour and Home Affairs Select Committee, who had called for a 28-day limit themselves. Everyone agreed. https://publications.parliament.uk/pa/cm201415/cmselect/cmhaff/962/96202.html
So did the public. During the original consultation, 65% of respondents agreed with tightening pre-charge bail and judicial oversight of it.
The College of Policing recommended bail should not exceed 28 days unless there are "exceptional circumstances". https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/418226/150323_Pre-Charge_Bail_-_Responses___Proposals.pdf
The College of Policing recommended bail should not exceed 28 days unless there are "exceptional circumstances". https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/418226/150323_Pre-Charge_Bail_-_Responses___Proposals.pdf
So I'm nervous about significantly diluting the legislation and giving police the ability to use lengthy pre-charge bail without scrutiny again.
The new HO consultation makes clear that since 2017 the majority of cases (71%) are resolved within 28 days.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/879759/20191127_ConDoc_PCB_May.pdf
The new HO consultation makes clear that since 2017 the majority of cases (71%) are resolved within 28 days.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/879759/20191127_ConDoc_PCB_May.pdf
Most importantly, I think it's irresponsible to say the reforms left "victims at risk".
If bail is necessary & proportionate, police can put a suspect on bail subject to review.
If police are not using bail to avoid accountability, that is the fault of culture not legislation.
If bail is necessary & proportionate, police can put a suspect on bail subject to review.
If police are not using bail to avoid accountability, that is the fault of culture not legislation.
