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Date: April 29, 2024 Mon
Time: 11:06 pm
Time: 11:06 pm
Results for bail (u.k.)
1 results foundAuthor: Great Britain. Home Office Title: Pre-charge bail: summary of consultation responses and proposals for legislation Summary: The Government consulted1 on a series of measures whose intended impact was to reduce both the number of individuals subject to, and the average duration of, pre-charge bail. This consultation was open from 18 December 2014 until 8 February 2015 and was complementary to that carried out by the College of Policing between 27 March and 21 July 20142, the responses to which were published on 11 December 20143. The Government published proposals to reform the statutory framework for pre-charge bail on 18 December 2014 and the consultation period closed on 8 February 2015. Exactly 300 responses were received; a statistical breakdown and list of respondents are at the end of this document. The key themes emerging from the responses were: The main benefit of introducing statutory limits for pre-charge bail durations that people expected to see was a more focussed police investigation leading to speedier justice for the victim and accused. Other commonly raised benefits were that it would be a fairer system, protecting suspects' human rights and civil liberties; that there would be a reduction in the negative effects for individuals on bail and their families, including emotional or mental trauma and financial implications. 62 respondents (including 50 from police forces) also said that they perceived no benefits from introducing a statutory limit for pre-charge bail. While 62.3% of respondents did not respond to Question 10, which asked if any other criteria should be added or substituted for the authorising of a bail extension, the most commonly raised suggestion was that matters outside of police control should be taken into account, for example Crown Prosecution Service timescales, forensic examinations (including digital) and international enquiries. Other common suggestions included consideration of the needs of victims of crime, including safeguarding requirements and where there are special interview requirements. Also raised were the need to safeguard complex investigations, and introducing a proportionality and necessity test to releasing people on pre-charge bail. Of the 119 people (40%) who provided a response highlighting resource implications of each model, the most commonly raised issues were around the need for increased resources, including greater staff numbers. A number of respondents raised the increase in time and cost that would result from the proposals, and also raised concern around safeguarding of victims and witnesses, that the proposals would reduce the ability to investigate crime and lead to more cases being marked for "no further action" resulting in a potential lack of justice. Other themes included an increased court workload, and increase in officer time spent at court. Having considered the volume data compiled on the basis of the police's data collection, the Ministry of Justice was concerned that the number of cases that would fall to be considered in the Crown Court would exceed the available capacity in Crown Court centres. Given that the overwhelming majority of cases where pre-charge bail exceeds twelve months are dealt with in large urban centres, where District Judges (Magistrates Courts) sit regularly, it would be possible for applications to be considered by professional judges in the magistrates' courts and we will work with HM Courts & Tribunals Service and the judiciary to ensure there is a presumption that this should happen with these cases. On that basis, the Government has decided to have all pre-charge bail hearings dealt with in the magistrates' courts. Responses were received from across the country, the highest response rates were received from the South East of England (27.3% of responses), Greater London (15%) and the West Midlands (11.3%). The lowest levels of response were from Wales (3.7% of responses), North East England (1.7%) and Yorkshire and the Humber (1.3%). Two thirds of respondents favoured tightening of pre-charge bail and agreed to the principle of judicial oversight. Of the 135 respondents who expressed a preference, 78 favoured Model 2 (58%). Reasons for this included the cost implications of early court hearings, given the high volumes of cases at the earliest stage, and noted that many straightforward investigations require a degree of forensic analysis that will not be completed within 28 days, but would be within three months. Concern was also expressed that, particularly with a 28-day "limit", investigations might be rushed inappropriately to the potential detriment of victims. A number of respondents argued for the 28-day review to be done by a Superintendent rather than a Chief Superintendent, as this rank is being phased out in a number of forces; we will change this. Taking account of the consultation responses and the various factors set out above, we propose to legislate to provide for Model 2 as the Government's preferred approach to the reform of pre-charge bail. However, in their response to the consultation, the police proposed a third model, which retains pre-charge bail authorisation within police forces for six months (judicial oversight thereafter) but with clear necessity and proportionality tests at 28 days and three months and with strong senior oversight. While, in the absence of legislative change, we would support all voluntary steps that police forces take to improve scrutiny and accountability for pre-charge bail decisions, the Government is clear that the police's proposed model does not go far enough. The Government also proposes to legislate to: - Enable the police to release someone pending further investigation without bail in circumstances where bail is not considered to be necessary; - Provide for a presumption to release without bail, with bail only being imposed when it is both "necessary" (e.g. where there is a need for conditions) and "proportionate" (for example, bail with onerous conditions is unlikely to be proportionate in a case where a low level non-custodial sentence would be the likely outcome, even if convicted); - Set a clear expectation that pre-charge bail should not last longer than a specified finite period of 28 days, as recommended by the College of Policing; - Set the extenuating circumstances in which that period might be extended further, and who should make that decision; - Establish a framework for the review by the courts of pre-charge bail; - Make clear that, where an individual has been released without bail while analysis takes place of large volumes of material, the police can make a further arrest where key evidence is identified as a result of the analysis of that material that could not reasonably have been done while the suspect was in custody or on bail; and - Provide in rules of court for a Public Interest Immunity-type procedure to withhold sensitive information from a suspect where its disclosure could harm the investigation, such as where disclosure might enable the suspect to dispose of or tamper with evidence, with a presumption of full disclosure at any subsequent trial. Legislation to give effect to these proposals would need to be taken forward in the next Parliament. As well as these changes in legislation, we will begin work immediately with the College of Policing and other bodies across the public sector to put in place memoranda of understanding to enable the police to access material required as part of a criminal investigation in a timely and efficient manner. We will also explore with the senior judiciary and the College of Policing what guidance might be given to custody officers and magistrates on the appropriate conditions of bail in particular circumstances. Details: London: Home Office, 2015. 39p. Source: Internet Resource: Accessed April 3, 2015 at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/418226/150323_Pre-Charge_Bail_-_Responses___Proposals.pdf Year: 2015 Country: United Kingdom URL: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/418226/150323_Pre-Charge_Bail_-_Responses___Proposals.pdf Shelf Number: 135152 Keywords: Bail (U.K.)Criminal CourtsJudgesJudicial Decision-Making |