Part 4: Police Powers Chapter 1: Pre-charge Bail Section 63: Limits on period of bail without charge under Part 4 of PACE
Section 63 inserts new sections 47ZA to 47ZM into Part 4 of PACE. The new sections set out the regime of time limits and extensions being introduced in respect of pre-charge bail under that Part of that Act. The first new section, section 47ZA, underpins the other new sections by providing in subsection (2) that a person given bail must always be required to answer that bail on the day the relevant time limit (known in the Act as "the applicable bail period") expires. Subsections (3) to (5) of new section 47ZA provide two exceptions to that general rule, permitting (but not requiring) a custody officer to set an earlier (but not later) date to return to the police station. The exception in subsection (3) applies where the person is already on pre-charge bail for another offence and the custody officer believes it to be appropriate to set the same return date for all cases. The exception in subsection (4) applies where the custody officer believes a charging decision will be made before the end of the applicable bail period. Subsection (8) of new section 47ZA defines the phrase 'relevant offence' as the offence for which the person has been arrested and subsequently bailed.
	New section 47ZB sets out that the initial bail period will be three months for Senior Fraud Office ("SFO") cases, or 28 days in all other cases. However, the bail period may be extended in accordance with the provisions mentioned below. Subsection (4) defines a number of terms used elsewhere in PACE as amended by these sections; in particular, sub-subsection (4)(a) provides that the bail start date is the day after the person’s arrest.
	New section 47ZC of PACE sets out the four conditions that a senior police officer or prosecutor must consider in making a decision as to whether to extend bail under new sections 47ZD or 47ZE. When a magistrates’ court is considering extending bail under new sections 47ZF and 47ZG, the court will only consider conditions B to D. 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).
	New section 47ZD of PACE allows a senior police officer (defined in new section 47ZB(4)(d) as an officer of superintendent rank or above) to extend bail in a non-SFO case (including a Financial Conduct Authority ("FCA") case) from 28 days to three months where the conditions A to D set out in new section 47ZC are met. The senior officer must arrange for the suspect or their legal representative to be invited to make representations, and must consider any that are made before making a decision. The suspect (or their representative) must be informed of the outcome.
	New section 47ZE of PACE creates an exception to the general position that all pre-charge bail beyond the point three months after arrest must be authorised by a magistrates’ court. This exception can only apply where a case has been designated as "exceptionally complex" by a senior prosecutor designated for the purpose by the Director of the SFO, the Chief Executive of the FCA or the Director of Public Prosecutions ("DPP") (subsections (2) and (9)). Where a case has been designated, a police officer of at least the rank of assistant chief constable (Commander in the Metropolitan or City of London forces), a senior member of staff of the FCA or a member of the senior civil service within the SFO, may extend bail to a point six months after arrest if satisfied that conditions A to D in new section 47ZC are met. As with an extension under new section 47ZD, the decision-maker must invite and consider representations from the person on bail (or their legal representative) before reaching a decision and must arrange for them to be informed of the decision. Where the decision is taken by a senior police officer, the officer must consult a designated senior prosecutor before making their decision.
	New section 47ZF provides the mechanism for a magistrates’ court to extend bail beyond three or (where an extension has been made in an "exceptionally complex" case under new section 47ZE) six months, on the application of the police or a prosecutor. An application must be made before the previous bail period expires. The magistrates’ court may only authorise an extension of bail where satisfied that conditions B to D as set out in new section 47ZC are met.
	Where a case does not fall within the definition in new section 47ZF(7), the court may extend the bail period by a further three months. Where the case does fall within that definition, for example, where the further investigations to be made are likely to take more than three months to conclude, the court may extend the bail period by a further six months, effectively 'skipping' one extension hearing after three months.
	New section 47ZG allows the court to authorise further extensions of the bail period for periods of three months or (in cases falling within the definition of subsection (8)) six months.
	New section 47ZH of PACE allows the police or prosecutors to apply to the court to withhold certain information relevant to the application to extend bail from the person on bail and their legal representatives. The court may only allow information to be withheld for the four grounds set out in subsection (4); essentially, that there are reasonable grounds to believe that disclosing that information would lead to evidence being interfered with (sub-subsection (a)), a person coming to harm (sub-subsection (b)), another suspect escaping arrest for an indictable offence (sub-subsection (c)) or the recovery of property obtained as a result of an indictable offence being hindered (sub-subsection (d)).
	New section 47ZI of PACE provides further detail on the procedures to be followed by magistrates’ courts in considering applications under new sections 47ZF, 47ZG and 47ZH. Applications to extend bail under new sections 47ZF and 47ZG will normally be considered by a single magistrate on the basis of written evidence only, unless either the magistrate decides that the interests of justice require an oral hearing (in cases where bail would be extended to a point no later than twelve months from arrest) or the application would result in bail being extended beyond twelve months and either party has requested such a hearing. Subsection (4) provides that, as with an application for a warrant of further detention under section 43 of PACE, any such hearing will be before at least two magistrates and the proceedings will not be open to public (in order to avoid any potential prejudice to a subsequent trial).
	New section 47ZI(5) and (6) permits the court to exclude the person on bail and their legal representatives from any part of an oral hearing to extend bail where sensitive information might be disclosed (as defined in new section 47ZH(4)).
	New section 47ZI also provides for a single magistrate to decide an application under new section 47ZH (withholding sensitive information) on the papers, unless that magistrate decides that the interests of justice require an oral hearing. Where such an oral hearing takes place, it will be before at least two magistrates and the proceedings will not be open to public. The court must exclude the person on bail and their legal representatives from that oral hearing.
	New section 47ZJ sets out that, if the application to extend bail cannot be determined by the court before the end of a bail period, that bail period will be treated as extended until such time as the application can be determined. The court should determine such applications as soon as practicable. However, the court can refuse such an application if it considers that it would have been reasonable for the application to have been made in time for the court to have determined it before the end of a bail period.
	New section 47ZK enables Criminal Procedure Rules to make provision in relation to applications under new sections 47ZF, 47ZG and 47ZH and proceedings relating to such applications.
	New section 47ZL deals with the position of pre-charge bail in those cases where the police refer a case to the DPP (in practice, a Crown Prosecutor) for a charging decision. The effect of subsections (2) and (3) is that the bail time limits do not apply in cases where an individual is bailed under sections 37(7)(a) or 37C(2)(b) of PACE while waiting for a charging decision to be made by the DPP. However, where a charging decision has been requested from the DPP, but the DPP requests further information from the police before reaching that decision, the effect of subsections (4) to (11) is that the bail time limits will re-apply during the period that the police are gathering that information (subsection (6)) and, accordingly, the police must set a new bail return date that is not after the end of the person’s applicable bail period (subsection (5)). If, at the point that the DPP makes the request for further information, the person’s applicable bail period would end within seven days of the DPP’s request, the effect of subsection (8) is that the person’s applicable bail period is extended to seven days from that request in order to give the police time to gather the information, seek a bail extension or release the suspect from bail. Subsections (9) and (10) provide that, where the information requested by the DPP is provided, the bail time limit is again suspended.
	New section 47ZM makes provision in respect of 'street bail' (bail under section 30A of PACE) and persons on bail who are hospitalised. Where a person was initially given 'street bail' for 28 days under section 30A of PACE, new section 47ZM(2) treats that period as the first 28 days of bail under Part 4 of PACE and any further bail would need to be authorised under Part 4 as amended by this Act, in the same way as when the initial period had been granted at a police station. Subsections (4) and (5) of new section 47ZM provide that, if on the day that a person's applicable bail period would end, they are in hospital as an in-patient, any time that person spent in hospital as an in-patient while on pre-charge bail would not be included in the time period calculations.