Release Flashcards
Street bail
Some forces allow street bail
This is where a constable releases a person arrested somewhere other than a police station either with bail or without bail to attend a police station at a later date.
Covered under s30A PACE.
Officer may impose conditions on the bail granted - these are the same as available to the custody officer.
If person fails to attend police station to answer the bail, they may be arrested - s30D.
If officer suspects person has breached bail conditions, they may be arrested - s30D
Street bail - notice in writing
If officer grants street bail under s30A, they must provide a written notice to the person before they release them under s30B.
The bail notice must set out the date and time and place at which bail must be answered.
Date must be 28 days from day after arrest.
Can’t extend bail under this section unless on the day it would end the person is in hospital as an in-patient, here it would be suspended while they were in hospital.
Street bail - variation of bail conditions
Where person is released on street bail under s30A, a relevant officer at the police station person is required to attend may vary the conditions under s30CA.
Relevant officer - not involved in the investigation.
Where person is released on street bail under s30A, a magistrates court may vary the conditions under s30CB.
Pre-charge release of person arrested
It is up to the custody officer to decide how a person is dealt with is they need to be released pre-charge.
May be RUI’d or released on bail
Pre conditions for bail
The custody officer must be satisfied that releasing the person on bail is necessary and proportionate in the circumstances and that an officer of the rank of inspector or above authorises the release on bail
Period of bail
When releasing a person on bail to attend a police station, custody officer must appoint a time on the day on which the applicable bail period ends - s47 PACE.
Applicable bail period means 28 days after the bail start date which is the day after the day of arrest - in SFO cases (fraud) it is 3 months after bail start date.
Applicable bail period may be changed by the custody officer where the person is on bail in relation to one or more offences other than the relevant offence and it is appropriate to align the attendance with that for the other offences
Extension of bail period
Standard cases - can be extended beyond 28 days by a senior police officer (superintendent plus) to 3 months if more time is needed
Designated cases - can be extended from 3 months to 6 months if deemed exceptionally complex by a senior prosecutor. Must be authorised by ACC or above
Extension beyond 3 months (unless it is the above exceptionally complex case) must be authorised by magistrates court. They can extend bail by a further 3 or 6 months.
Police/prosecutors can apply to the court to withhold certain information relevant to the application to extend bail from D and Ds lawyers if it would leave to evidence being interfered with, a person coming to harm etc.
Bail period does not apply while waiting for DPP.
Power of arrest for failure to answer police bail
s46A PACE
Police may arrest if they fail to attend the police station at the time appointed
Breach of pre-charge bail conditions relating to travel
s68 Policing and Crime Act 2017
Either way
Often terrorism Ds have this condition
Notification of decision not to prosecute
A custody officer has a duty to notify a person released on bail if a decision is made not to prosecute them - can still prosecute later if new evidence comes to light after.
Written notice must be given to them.
Police bail after charge
When a custody officer decides to bail a person who has been charged, s47 says they may bail them to -
- appear at magistrates court at a specified time and date
- attend a police station at a specified time
Offences bail can’t be granted for
s25 Criminal Justice and Public Order Act 1994
There are some offences where bail may only be granted in exceptional circumstances where a person is charged with a specified offence.
Includes, murder, attempted murder, manslaughter, rape, certain sexual offences.
Bail cannot be granted if D is charged with murder, attempted murder, manslaughter, rape or attempted rape if D has previously been convicted of any of these offences, unless exceptional circumstances.
If D is charged with murder, they may cannot be granted bail except by order of a Crown Court judge.
When deciding it must be considered whether D would abscond on bail.
Grounds for refusing bail
s38 PACE says that when D is charged with an offence the custody officer need not grant bail if the person arrested is not an arrested juvenile and one or more of the following grounds apply -
-Name/address cannot be ascertained
-Reasonable grounds for believing D will fail to appear
-If offence is imprisonable, reasonable grounds for believing keeping D detained will prevent them committing an offence
Custody officer must tell D why bail was refused and record reasons.
-Necessary for sample to be taken under s63B
-If offence is imprisonable, reasonable grounds for believing keeping D detained will prevent them causing physical injury to another or causing loss or damage to property
-If offence is imprisonable, reasonable grounds for believing keeping D detained will prevent them interfering with the administration of justice or investigation of offence(s)
-Reasonable grounds for believing detention is necessary for their own protection
-Person is charged with murder
Grounds for refusing bail if D is a juvinile
Same as adult, except
To take a sample only applies if D has attained the minimum age
Plus an extra reason:
Reasonable grounds for believing D ought to be detained in their own interests - i.e. for their own welfare e.g. child might become homeless or turn to prostitution if released
Conditions of bail
Set out in s3A Bail Act 1976 Can impose 1 or more requirements, e.g. Live and sleep at specified address Notify of any changes of address Report to police station at set periods (daily, weekly etc.) Not to contact victim Etc
