Government Were Warned About Making Changes To Bail Legislation

CHANGES made to bail legislation in 2017 have led to a raft of issues for officers and victims, with police chiefs saying they warned the Government about it at the time.

The 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.

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

Not enough thought was given to how the changes would affect victims, the Inspectors have found, and RUI has left too many victims without the reassurance and protection of previous bail conditions.

The report also found that suspects were still faced with lengthy delays and that the changes were inconsistently implemented by forces due to a lack of clear guidance.

Investigations involving RUI suspects tend to take longer and are subject to less scrutiny than ones involving formal bail, and victims and suspects are not being updated about the progress of their cases.

HM Inspector of Constabulary Zoe 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.

“The subsequent publication of National Police Chiefs’ Council guidance in 2019 has resulted in notable improvements. For example, the police have made renewed efforts to redress the balance between protecting victims and the rights of suspects.

“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.”

Victims of domestic abuse spoke to the Investigators, with one saying her ex-partner was released under investigation with no measures in place to protect her, and that he had contacted her every day.

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.”