Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

Posts Tagged ‘bail

Setting time limits to police bail

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In recent years there has been much complaint about the shadow can be cast over people’s lives when those people have become of interest to the police, but where the police do not have enough evidence to justify charging them with the committal of an offence. A number of well-known members of the public were on police bail for months, not knowing whether any further steps were going to be taken against them.

When she was Home Secretary, Theresa May decided that there had to be limits to the time any person could be made subject to police bail (technically known as ‘pre-charge bail’).

Part 4 of the Policing and Crime Act 2017 contains provisions which reflect this decision.

The Act amends PACE Act 1984 by creating a presumption that where the police decide to release a person without charging them, the release should not be subject to the imposition of bail, unless defined pre-conditions are satisfied.

The conditions are

  • Condition A is that there are reasonable grounds to suspect that the person on bail is guilty of the offence for which they were arrested and are on bail.
  • Condition B is that there are reasonable grounds for believing either that further time is needed for the police to make a charging decision under police-led prosecution arrangements (where the person has been bailed for that purpose) or that further investigation is necessary.
  • Condition C is that there are reasonable grounds for believing that the charging decision or investigation (as applicable) is being conducted diligently and expeditiously.
  • Condition D is that releasing the person on bail continues to be both necessary
    and proportionate in all the circumstances of the particular case (having regard, in particular,to any bail conditions that are or would be imposed).

Where the bail pre-conditions are satisfied, the period of bail will normally by limited to 28 days (3 months in Serious Fraud Office cases) though the period may be extended to three months by senior police officers, with the possibility of further extensions approved by the magistrates.

Further information is available at https://www.gov.uk/government/collections/policing-and-crime-bill

Written by lwtmp

February 24, 2017 at 12:34 pm

Posted in Uncategorized

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Reflecting on how measures set out in the Queen’s Speech 2015 may impact on the English Legal System

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The Queen’s Speech sets out each year the bare bones of the proposed legislative programme for the forthcoming 12 months.

I’ve been looking through the detailed briefing to see whether there are issues which will affect the English Legal System (ELS) that may not be apparent from the speech itself.

Here are my personal comments:

Enterprise Bill.

The headline aim of the new Bill is to reduce red tape and improve the ways in which regulators work. But there are also two specific ELS related issues that may be noted:

  • Establishing a Small Business Conciliation Service that will handle business-to-business disputes without the need for court action, tackling  in particular, late payment issues;
  • Introducing business rates appeals reform, including modifying the Valuation Tribunal powers to consider ratepayer appeals.

Immigration Bill

Among proposed measures to be set out here, there are proposals to change the way in which immigration appeals work. In particular, the Government plans to:

Extend the principle of “deport first, appeal later” from just criminal cases, to all immigration cases. In 2014 the
last government cut the number of appeal rights but other than foreign criminals, migrants retain an in-country
right of appeal against the refusal of a human rights claim. We will now extend the “deport first, appeal later” principle to all cases, except where it will cause serious harm.
Devolution
In addition to the well publicised plans to devolve further legislative power to the Scottish Assembly Government, there are also proposals for a new Wales Bill and a Northern Ireland bill that will also contain detailed devolution measures.
English Votes for English Laws
This contentious measure, designed to ensure that only English MPs vote on legislative measures that will only apply in England is to be introduced, not by legislation, but by changes to the Standing Orders of the House of Commons.
Investigatory Powers Bill
Among other issues this will deal with the question of who should authorise various forms of electronic surveillance – the Home Secretary or senior Judges (as recently recommended by the Government’s Independent Reviewer of Counter-Terrorism legislation)
Policing and Criminal Justice Bill
Among other things, this will change the law on Bail, The proposals are
To create a presumption that suspects will be released without bail unless it is necessary.
The Bill would initially limit pre-charge bail to 28 days, with an extension of up to three months, authorised by a senior police officer.
In exceptional circumstances, the police will have to apply to the courts for an extension beyond three months, to be approved by a magistrate.
This will introduce judicial oversight of the pre-charge bail process for the first time, increasing accountability and scrutiny in a way that is manageable for the courts.
British Bill of Rights
Proposals on this are delayed.
Victims of Crime Bill
This will put existing protections for Victims on a statutory footing and give greater protection to victims and witnesses
Votes for Life Bill
This will give UK citizens who live abroad a life time right to vote, rather than, as at present losing that right after 15 years.
Draft Public Sector Ombudsman Bill
Proposals to merge the current Parliamentary Commissioner, local government ombudsmen and the Health Service Ombudsman will be considered in a draft Bill.
Of course at this stage, most of the details are not available and they may well change during their various Parliamentary processes. But it is worth noting these issues so that you can keep an eye on them.
For more detail go to https://www.gov.uk/government/publications/queens-speech-2015-background-briefing-notes

Setting time limits for bail?

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One of the curiosities of the Criminal Justice system is that, while there are strict limits on the time a person may be held for questioning in a police station, there are currently no limits on the time a person is out on police bail. This can result in a person remaining under suspicion  for a very considerable length of time. In a recent speech, the Home Secretary has  announced that there would be a consultation on the issue and has asked the College of Policing to review current practice in police forces.

See http://www.bbc.co.uk/news/uk-29624498

and https://www.gov.uk/government/speeches/home-secretarys-college-of-policing-speech

Written by lwtmp

October 16, 2014 at 10:39 am

Posted in Chapter 5

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