Bail Reforms Are ‘A Nightmare’

THE reforms to bail legislation were made “with a sledgehammer”, the Chair of South Yorkshire Police Federation has said, as it emerges that the changes introduced three years ago have led to investigations dragging on unnecessarily.

Chair Steve Kent was commenting as a joint inspection by Her Majesty’s Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS) and HM Crown Prosecution Service Inspectorate (HMCPSI) found that the 2017 legislation led to longer investigations and the potential of increased risk to victims and uncertainty for suspects.

The then-Prime Minister Theresa May’s changes to the Police and Crime Act 2017 included allowing suspects to be released under investigation (RUI) as an alternative to formal bail. The legislation was put through quickly, despite police chiefs, the Police Federation of England and Wales (PFEW) and the College of Policing highlighting the risks.

Steve said: “Police chiefs said it. Police officers on the ground said it. It wasn’t rocket science. It was absolutely nailed on that this was going to become an issue.

“I get that there’s probably a need to reform bail, in terms of some of the high-profile issues, but you don’t do that with a sledgehammer, you do that over time, you do that by speaking to the people who actually police this and manage it on a day-to-day basis, none of which seems to have been done.”

Steve said he had spoken to a lot of officers who told him it had been “an absolute nightmare”.

When suspects are released under investigation there’s no bail date, which is difficult for the victims as well as the suspects themselves, Steve said. He said: “It’s such a no man’s land. At least with bail there were clear defined parameters, and clear defined timescales – they knew when they were coming back for bail. Whereas now it just absolutely muddies the water.”

The new report found that not enough thought was given to how the changes would affect victims, and RUI has left too many victims without the reassurance and protection of previous bail conditions. It said that suspects were still faced with lengthy delays and that the changes were inconsistently implemented by forces due to a lack of clear guidance.

HM Inspector of Constabulary Zoë Billingham said: “We know from commissioned research that bail conditions give victims reassurance. Most victims who shared their experiences as part of this inspection were clear that they felt safer with bail in place.

“Our inspection found that policing was ill-prepared to put into practice the changes to bail legislation made in 2017. Forces were not given adequate guidance, which resulted in a range of interpretations of the legislation across England and Wales. These changes also had negative unintended consequences for victims as well as suspects.

“We found that in many cases of domestic abuse and stalking, suspects are released under investigation instead of being formally bailed with conditions. This is very worrying because of the high harm and risk associated with these types of crime, and it is clear through our research that victims of domestic abuse feel less safe since the changes were made.”

She added: “The Home Office has recently completed a public consultation on these issues. We have added our inspection findings to this consultation. We urge all involved in revising the legislation to reflect on the findings of our report and ensure any changes better balances the needs of all those in the Criminal Justice System.”

PFEW Chair John Apter has previously written about the legislation, saying: “We warned the 2017 changes would be restrictive, unrealistic and reckless. And they have been.”