Part 2: Prevention, investigation and prosecution of crime Chapter 4: Other provisions Section 45 and Schedule 4: Pre-charge bail Part 4 of Schedule 4: limits on periods of bail without charge
Part 4 of Schedule 4 extends the initial period for which a person may be released on bail before charge (the "applicable bail period") and the subsequent extensions of that period. Currently, all cases other than Serious Fraud Office ("SFO") cases (known as "standard cases") are afforded an initial bail period of 28 days. These cases are known as "standard cases". SFO cases are afforded a longer applicable bail period – three months - owing to the complex nature of these cases. These cases are known as "non-standard cases". The new provisions extend the initial bail period for "standard cases" from 28 days to three months, and for non-standard cases from three months to six months. These provisions are intended to reflect more accurately the time periods required to investigate different types of cases, and to ensure that bail periods are consistent with the operational realities of conducting an investigation.
	Consultation responses indicated that cases involving other agencies, namely Her Majesty’s Revenue and Customs ("HMRC"), the Financial Conduct Authority ("FCA") and National Crime Agency ("NCA"), also tend to be complex in nature and tend to take considerably longer to investigate than more "standard cases", in the same manner as SFO cases. Part 4 of Schedule 4 therefore provides for a longer initial bail period to be granted for these agencies, as well as the SFO.
	In addition, these provisions mean that standard cases, with a new initial bail period of three months, can be subject to two further extensions (the first extension being from three months to six months from the bail start date and the second extension being from six months to nine months from the bail start date) by the police before coming before a magistrates’ court. Standard cases which are designated as exceptionally complex (which necessarily will have already been subject to the second extension above), or non-standard cases can be extended to up to 12 months from the bail start date before coming before a magistrates’ court.
	Paragraph 25 amends section 30B(8) of PACE to amend the time limit for "street bail", granted under section 30A of PACE. The initial bail period for street bail is amended from 28 days to three months from the day after the person’s arrest.
	Paragraph 26 of Schedule 4 amended section 47ZB of PACE which currently sets out that the initial bail period is three months from the bail start date for SFO cases, or 28 days from the bail start date in all other (that is, standard) cases (a person’s bail start date is the day after the day on which the person was arrested for the relevant offence, under section 47ZB(4)(a)). The longer initial bail period for SFO cases recognises that such cases have added complexity and therefore take longer to investigate and reach a charging decision. The changes made by paragraph 26 are two-fold. First, they extend the initial bail period for standard cases from 28 days from the bail start date to three months from the bail start date. Second, they expand upon the categories of non-standard cases to which an extended initial bail period applies. In addition to SFO cases, the extended initial bail period applies to FCA cases, NCA cases and HMRC cases. In such cases the initial bail period is six months from the bail start date. The extension of the longer initial bail period for FCA, NCA, HMRC and SFO cases recognises the increased level of complexity and longer investigation times of these cases. Section 47ZB(4) includes amended definitions of an "FCA case" and an "SFO case" and inserts definitions of an "HMRC case" and "NCA case". This enables these cases to be determined as such where the relevant offence is being investigated by that authority and is confirmed by a member of that agency on whom power is conferred to do so, as listed in the amended subsection (4). Confirmation can be given in an SFO case, HMRC case or NCA case by any member of the SFO, officer of HMRC or NCA as the case may be, and in an FCA case by a member of staff of the FCA who has been designated for this purpose.
	Paragraph 27 amends section 47ZC of PACE, which sets out the four conditions that a decision-maker, defined under that section, must be satisfied are met before authorising the extension of a person’s applicable bail period under section 47ZD to 47ZG. This Part amends the ranks of officer who may authorise the extension of a person’s applicable bail period, in order to reflect operational realities and ensure each extension process is proportionate. The amended section 47ZC(6)(a) provides that the decision-maker for an extension in standard cases (dealt with under section 47ZD) is a relevant officer instead of a senior officer. The relevant officer for the purposes of section 47ZD is an officer of the rank of inspector or above, rather than an officer of the rank of superintendent or above, as previously. New section 47ZC(6)(aa) provides that the decision-maker for a second extension of bail in standard cases (under section 47ZDA) is a senior officer (that is, an officer of the rank of superintendent or above). These changes ensure that officers of the most senior ranks are only called upon at the more advanced stages of a case. New section 47ZC(6)(ab) provides that the appropriate decision-maker (see new section 47ZDB(6) as inserted by paragraph 29 of Schedule 4) in non-standard cases must be satisfied that the conditions are met before authorising an extension of the applicable bail period in those cases. Paragraph 27(c) amends section 47ZC(6)(b) to provide that designated cases can only be designated as such by a "qualifying police officer", rather than "appropriate decision maker". This is owing to the change to authorisations in non-standard cases at section 47ZDB; these (as below) can be extended to up to 12 months from the bail start date, with no requirement for these cases to be designated as exceptionally complex before an extension is granted. This, as below, takes into account the already complex nature, and longer investigation times, of these cases.
	Paragraph 28 amends section 47ZD of PACE to enable a relevant officer, once satisfied that the conditions in section 47ZC are met, to authorise an extension of the applicable bail period in standard cases from three months to six months from the bail start date. The relevant officer must also arrange for the person or their legal representative to be invited to make representations and must consider any that are made before making a decision. The person (or their representative) must be informed of the outcome. "Relevant officer" is defined at new section 47ZD(6) as an officer of the rank of inspector or above.
	Paragraph 29 inserted new sections 47ZDA and 47ZDB into PACE. New section 47ZDA creates an additional bail extension point for standard cases and enables a senior officer (defined as a police officer of a rank of superintendent or above) to authorise a further extension of the applicable bail period in standard cases where the conditions A to D set out in section 47ZC are met. The applicable bail period can be extended under this provision from six months to nine months from the bail start date. As with section 47ZD, the senior officer authorising the extension must arrange for the person or their legal representative to be invited to make representations and must consider any that are made before making a decision. The person (or their representative) must be informed of the outcome.
	New section 47ZDB creates an extension point for non-standard cases and enables the appropriate decision-maker within the agencies listed at section 47ZB to authorise an extension of the applicable bail period where conditions A to D set out in section 47ZC are met. The appropriate decision-maker in an FCA case is a member of staff of the FCA designated as such by the Chief Executive of that Authority, an officer of the grade equivalent to superintendent or above in a HMRC case, an NCA officer of the rank equivalent to that of superintendent or above in an NCA case, and a member of the SFO who is of the Senior Civil Service in an SFO case. These authorisation levels reconcile with the equivalent ranks of police officer required to authorise extensions of the applicable bail period in standard cases beyond six months. The applicable bail period can be extended under this provision from six months to 12 months from the bail start date. As with sections 47ZD and 47ZDA, the appropriate decision-maker must arrange for the person or their legal representative to be invited to make representations and must consider any that are made before making a decision. The person (or their representative) must be informed of the outcome.
	Paragraph 30 amends section 47ZE of PACE which currently provides for an exception to the general position that the extension of the applicable bail period beyond three months from the bail start date must be authorised by a magistrates’ court. The amendments remove references to the SFO and the FCA as extensions involving these agencies are addressed in new section 47ZDB. Section 47ZE, as amended, is only concerned with cases that have been granted an extension under new section 47ZDA (i.e. standard cases which have been extended to nine months from the bail start date by a senior officer). Where a case has been designated as being exceptionally complex, a qualifying police officer (defined as a police officer of at least the rank of assistant chief constable (or Commander in the Metropolitan or City of London forces)) may extend the applicable bail period to twelve months from the bail start date where they are satisfied that conditions A to D in section 47ZC are met. The qualifying police officer must consult the Director of Public Prosecutions before authorising an extension under section 47ZE(5). As with an extension under section 47ZD and new sections 47ZDA and 47ZDB, the qualifying police officer must consider representations from the person (or their legal representative) before reaching a decision and must arrange for the person to be informed of the decision.
	Paragraph 31 amends section 47ZF of PACE to deal with extensions to the applicable bail period by a magistrates’ court. These changes aim to free up court resources by ensuring that a court is involved in the pre-charge bail process for the lengthiest, most complex investigations, whilst also ensuring judicial oversight is available in such cases. These changes also continue to distinguish between the complexity of standard and non-standard cases upon these cases reaching a court. Changes reflect that extensions by the court can only be authorised in cases which fall under new sections 47ZDA (i.e. cases which have been extended by a senior officer to nine months from the bail start date), section 47ZDB (i.e. non-standard cases which have been extended by the appropriate decision-maker to twelve months from the bail start date) , or under section 47ZE (i.e. exceptionally complex cases extended by a qualifying police officer to 12 months from the bail start date). A magistrates’ court can authorise an extension of the applicable bail period to 12 months from the bail start date for cases which fall within new section 47ZDA or 18 months from the bail start date for cases which fall within new section 47ZDB or section 47ZE, provided that conditions B to D in section 47ZC are met. If a case falls within section 47ZF(7), for example where the further investigations to be made are likely to take more than 12 months in a standard case or more than 18 months in a designated or non-standard case, bail can be extended to 18 months from the bail start date if it falls within new section 47ZDA or 24 months from the bail start date if it falls within new section 47ZDB or section 47ZE provided that conditions B to D in section 47ZC are met. Qualifying applicants are able to apply to the court for such extensions to the applicable bail period – section 47ZF is also amended to enable an officer from HMRC or the NCA to be a qualifying applicant.
	Paragraph 32 amends section 47ZI of PACE which provides detail on the procedures to be followed by a magistrates’ court in matters falling under sections 47ZF, 47ZG and 47ZH. Applications to extend bail under sections 47ZF and 47ZG are, subject to sections 47ZI(2) and (3), determined by a single justice of the peace on the basis of written evidence only. Section 47ZI(2), as amended, reflects the wider changes made to the applicable bail period and extensions of this to enable a single justice of the peace to require an oral hearing where a person’s applicable bail period would be extended to a point at or before 24 months (currently 12 months) from the bail start date and the single justice considers it in the interests of justice to require an oral hearing. Section 47ZI(3), as amended, enables an oral hearing to be required where the application would result in a person’s applicable bail period being extended beyond 24 months and either party has requested a hearing.
	Paragraph 33 amends section 47ZM of PACE to reflect the new applicable bail period for ‘street bail’ granted under section 30A of PACE which is three months from the bail start date rather than 28 days.
	The changes to the applicable bail period and authorisation levels made by Part 4 of Schedule 4 are set out in tabular form at Annex B to these explanatory notes.