Change in Pre-Charge Bail Imposition
As part of The Policing and Crime Act 2017 (the Act), the government has introduced a new pre-charge bail limit of twenty eight days which came into force on 3rd April 2017.
The imposition of this limit is intended to rebalance the use of bail by the police in the interests of fairness and reflects controversy caused by recent police investigations, such as Operation Yewtree, where a suspect has been held, sometimes for years, on pre-charge bail.
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."
The Law
Sections 52 to 67 of the Act encompass the new regime which, in summary, is as follows:
- There is now a presumption that a person should be released without bail unless it is necessary and proportionate to impose it.
- Bail is now, initially, limited to twenty eight days.
- One extension of the initial period for up to three months can be authorised by a senior officer where the case is complex.
- In exceptional circumstances, the police can then apply to the Magistrates’ Court for a further bail extension.
Section 68 creates a new criminal offence for breach of pre-charge bail conditions in regard to specified terrorist offences where the person is released on bail subject to a travel restriction condition which is breached.
Application Of The Act
The Act only affects bail granted after 3rd April 2017
How Can We Help?
At KANGS Solicitors we have a wealth of experience in representing suspects at the police station in regard to criminal allegations of every nature and advising upon bail and any conditions that the police may wish to impose.
If you require representation at the police station, you should not hesitate to contact us using the details below:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
