Consultation on plans to extend police bail

5 February 2020

The Home Secretary has put forward proposals which could over-ride Theresa May's 28-day limit on police bail

But Priti Patel wants to delay the point at which magistrates’ approval for extending bail is required from three months to six, nine or 12 months and has put her plans out for consultation.

“It seems that the Home Secretary wants to bring about some dramatic changes,” says Geoff Bardell, chair of Hertfordshire Police Federation, “Many people in policing had spoken out against Mrs May’s plans when they were announced in 2017 as it was felt they were unworkable. I hope the changes proposed go some way to give support to officers investigating crime but also give victims a stronger voice.”

Proposals for consultation include:

• Removing the presumption against pre-charge bail;
• Placing a duty on officers to use pre-charge bail in cases where it is necessary and proportionate, including for cases where there are risks to victims, witnesses and the public; where it could prevent reoffending and where the offence in question has significant real or intended impacts;
• Allowing officers of a lower rank to authorise and extend pre-charge bail;
• Extending the initial period where pre-charge bail can be applied from 28 to either 60 or 90 days, as well as delaying the point at which magistrates’ approval for the extension of bail is required from three months to six, nine or 12 months; and
• Introducing ‘review points’ in codes of practice for investigations where pre-charge bail is not used, including where individuals are interviewed voluntarily or released under investigation.

National Federation chair John Apter wants front-line officers to have their say on the proposals.

“It is vital that our members – the officers at the front-line who have the greatest experience of how these laws work in practice – are able to feed into the consultation, and their voices are heard. And I will be discussing this with the Home Secretary when we next meet,” he said.

The Government will also gather views from victims of crime and those individuals who have been released under investigation about how the current system can be improved, as well seeking views on the effectiveness of existing bail conditions.