3) Charging the Suspect

Question 1

Options for custody officer after the police have exercised their investigative powers whilst the suspect is detained

Answer 1

1) Release the suspect (either without taking any further action or release under investigation)
2) Release the suspect without charge but on bail whilst the police make further enquiries
3) Charge the suspect (and either release on bail or keep in custody until the suspect’s first court appearance)
4) Offer the suspect an alternative to charge

Question 2

Release the suspect without taking further action - NFA (No Further Action)

Answer 2

If having investigated the offence the police determine that the suspect did not in fact commit the crime, the custody officer should release the suspect without charge and without any requirement that the suspect return to the police station at a later date

Question 3

Release the suspect under investigation

Answer 3

This is where the police had insufficient evidence upon which to charge and where any further investigation was likely to take longer than 28 days to conclude, the police would then release the suspect under investigation due to presumption against pre-charge bail and the period of pre-charge bail being 28 days

Question 4

Changes to pre-charge bail

Answer 4

Custody officers are now able to authorise the first period of pre-charge bail from 28 days to a period of 3 months. This removal of the presumption against pre-charge bail had led to an increase in the number of those placed on bail and a decrease in the number of those subject to the RUI process

Question 5

Bail before charge - Charging decision

Answer 5

There is not a presumption against pre-charge bail if the case has been submitted to the CPS for a charging decision

Question 6

Bail before charge - Where pre-charge bail may be granted

Answer 6

Where the custody officer is satisfied that releasing the suspect on bail is necessary and proportionate. A maximum period of 3 months applies but this can be extended up to 6 months if authorised by an officer of inspector and extended to 9 months from an officer of superintendent

Question 7

Bail before charge - what the investigating officer has to do before

Answer 7

They are under a duty to seek the views of the victim about any relevant bail conditions that might be imposed and to inform the custody officer of these before the custody officer then decides whether to grant bail and if so what conditions should be imposed

Question 8

Release on bail whilst the file is passed to the prosecution

Answer 8

In cases other than straightforward ones it is for the prosecution to determine whether the defendant should be charged. When the police believe there is sufficient evidence to charge a suspect they will send the case papers to the prosecution to determine whether or not the charge. Whilst the prosecution are determining this the suspect will be released on bail

Question 9

Release on bail whilst the file is passed to the prosecution - Two part test

Answer 9

The prosecution will apply a 2 part test to determine whether or not the suspect should be charged:
1) there must be sufficient evidence to provide a ‘realistic prospect of conviction’
2) whether it is in the public interest to charge the suspect or whether the matter should be dealt with other than by way of charge

Question 10

Interviewing after charge

Answer 10

A suspect who has been charged cannot be interviewed further by the police about the offence unless the interview is necessary:
a) to prevent or minimise harm or loss to another person or the public
b) to clear up ambiguity in a previous answer or statement
c) in the interests of justice for the suspect to have put to him and have an opportunity to comment on, information concerning the offence which has come to light since he was charged

Question 11

Bail after charge - when may the police deny bail

Answer 11

Only if one or more of the following circumstances are satisfied may bail be denied:
1) they doubt the name or address provided is the suspect’s proper name or address or where this can’t be confirmed
2) if it is believed that the person arrested will fail to appear in court to answer bail
3) detention is necessary to prevent them from committing an offence
4) detention is necessary to enable a sample to be taken
5) prevent them from causing physical injury or damage to property
6) prevent them from interfering with the administration of justice or with the investigation
7) detention is necessary for their own protection

Question 12

When may conditions be attached to bail

Answer 12

1) to prevent the suspect from failing to surrender to custody
2) to prevent the suspect from committing an offence whilst on bail
3) to prevent the suspect from interfering with witnesses or otherwise obstructing the course of justice
4) for the suspect’s own protection

Question 13

Different conditions for bail

Answer 13

1) to reside at a particular address
2) not to speak to or contact any witnesses
3) not to enter a particular area
4) to observe a curfew

Question 14

When will a suspect make their first appearance in court - on bail

Answer 14

Usually within one or two weeks of being charged

Question 15

When will a suspect make their first appearance in court - without bail

Answer 15

Usually within 24 hours

Question 16

Alternatives to charging

Answer 16

1) Informal warning
2) Penalty notice
3) Formal caution
4) Conditional caution