New 28-day bail limit comes into force

A 28-DAY limit on police bail has come into force in England and Wales.

The move follows criticism of people being kept on police bail for months or years without charge in investigations such as Operation Yewtree (into historical sexual abuse) and others.

Then-Home Secretary Theresa May ordered a review of its use in 2014.

But the College of Policing criticised the change, warning it could hamper communication between police forces about potentially dangerous suspects.

PFEW’s Deputy General Secretary and Custody Lead Andy Ward has warned: “Release without bail will be the default position – unless bail is necessary and proportionate. One problem is that the Home Office does not spell out what is ‘proportionate’. It will be a massive change in custody culture and be a considerable challenge.”

The 28-day time limit is ‘unrealistic’ for complex investigations, added Mr Ward. “Cyber-crime, for example, requires computers to be seized and equipment to be interrogated to gain evidence. The results for detailed forensic tests also take some time to come back,” he said.

He added that pre-charge bail protected victims and witnesses and also helped to prevent further offending.

Police bail can still be extended for up to three months more in complex cases with the authorisation of a senior police officer, or even further by applying to a magistrate.

Police use pre-charge bail when they have questioned a suspect, but need time to continue their investigations before determining whether to charge them.

A suspect is released from custody, sometimes with conditions attached, and told to report back to a police station at a later date.

Previously, there was no legal limit on how long someone could be bailed for.

The 28-day limit is one of several measures taking effect on Monday through the Policing and Crime Act 2017.

http://www.bbc.co.uk/news/uk-39455939