Police in urgent bail case review

 
Lamp outside police station The Association of Chief Police Officers said it had major concerns about the impact of the ruling

Police are urgently reviewing the cases of thousands of suspects after a court ruling restricted their powers to hold or bail them for further questioning.

The ruling - in a case involving Greater Manchester Police - means that suspects can be released on police bail for no more than 96 hours (four days).

At present, suspects can be released on bail pending further inquires for weeks, or even months, in some cases.

Home Secretary Theresa May said it was a matter of "great concern".

The fresh guidance to police custody officers in England and Wales followed a ruling in the Hookway case by Mr Justice McCombe in the High Court in May.

It says officers will have to re-arrest suspects in order to detain or question them again, but only if they have "new evidence".

'Verge of disaster'

Mrs May said the Home Office was considering whether to appeal against the ruling or introduce emergency legislation.

Ms May said: "We're working with Acpo at the moment and looking at a number of possibilities as to how we can advise the police on this issue.

Start Quote

We are running round like headless chickens this morning wondering what this means to the nature of justice”

End Quote Norman Bettison Chief Constable, West Yorkshire Police

"We are conscious of the concerns this judgment has brought in terms of operational policing."

West Yorkshire Police said it has 4,260 suspects on police bail.

The force's Chief Constable Norman Bettison said the ruling means suspects will have to be charged or released without further action once 96 hours have elapsed.

It now has no provision to carry out further inquiries with suspects on bail.

"It's on the verge of a disaster now because the question being asked by my custody sergeants is, 'What do we do, boss?'

"I cannot countenance turning people away from the charge office and telling them all bets are off and they are free to go."

He added: "We are running round like headless chickens this morning wondering what this means to the nature of justice.

"My holding position with my officers is that I can't believe this is what was envisioned."

The BBC's home affairs correspondent Danny Shaw said one senior police figure had described the implications as "dire" as it would have far-reaching effects on serious and complex cases where police needed time to gather evidence and speak to witnesses, such as in rape allegations.

'Major concerns'

The Association of Chief Police Officers' spokesman on custody, Assistant Chief Constable Andy Adams, said: "The potential impact of this judgment changes the way the police service conducts investigations significantly and Acpo has major concerns as to its impact on operational policing."

Guidance from Scotland Yard says that police will also no longer have the power to detain a suspect who breaches their bail conditions or fails to surrender.

The ruling was made by the district judge at Salford Magistrates' Court, who said the detention clock continued to run while the suspect was on bail.

The case concerned a murder suspect, Paul Hookway, who was arrested in November. Police had been given permission to detain him for 36 hours but he was released after 28.

Five months later, police applied to the courts to extend the period of detention from 36 hours to the maximum of 96 hours. But the district judge refused, saying that the 96 hours had expired months ago.

Greater Manchester Police sought a judicial review, but the ruling was upheld at the High Court.

After the ruling, the Crown Prosecution Service and Acpo sought expert legal advice which stated that it set new case law and had to be adhered to.

The force is now seeking leave to appeal at the Supreme Court.

 

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  • rate this
    +2

    Comment number 38.

    Holding anyone on police bail for long periods of time for on-going & pro-active police investigation to take place may be excusable in some cases. However,the practice of routinely keeping innocent people 'on the back burner' until officers do a bit more digging & perhaps get another conviction is ethically & morally wrong. Justice delayed is justice denied.

  • rate this
    -1

    Comment number 26.

    There seems to be a misconception that bail relates to whether a person is guilty or innocent- it has nothing to do with it.
    What I find incredible is that 27 years after the Police and Criminal Evidence Act was passed a Judge has suddently decided that the police and courts have been operating it incorrectly all that time.

  • rate this
    +1

    Comment number 7.

    I was at the police station last night, its fair to say that this was the topic of conversation. The police will have to now make a decision and present their case to charge quick smart. They were saying that they understand that the 'clock' can stop and started again when they have further evidence. Will need to have a good look at this....

  • rate this
    +4

    Comment number 5.

    There should be some restriction on the police repeatedly re-bailing suspects. At present there is nothing that a suspect can do to have them expedite their process. Some years ago I was arrested on suspicion of GBH because of a false allegation by a former partner (later disproved in a civil case). The police repeatedly re-bailed me for several months before the CPS dropped the case.

 
 

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