Part 2: Prevention, investigation and prosecution of crime Chapter 4: Other provisions Section 45 and Schedule 4: Pre-charge bail Part 1 of Schedule 4: Grant of pre-charge bail
Part 1 of Schedule 4 aims to remove the perceived presumption against bail introduced by the Policing and Crime Act 2017 and amends that construction where it appears across a range of circumstances involving the imposition of pre -charge bail. Paragraph 2 of Schedule 4 amends section 30A of PACE which confers on a constable power to release on bail a person who is arrested elsewhere than at a police station, also known as ‘street bail’. The effect of section 30A(1) currently in force is to provide for a presumption that, where a constable decides that it is appropriate to release an arrested person rather than take them to a police station, that release will be without bail, unless the requirements in section 30A(1A) are met. Those requirements are that the constable is satisfied that the release on bail is necessary and proportionate in all the circumstances (having regard, in particular, to any bail conditions that would be imposed) and bail is authorised by a police officer of the rank of inspector or above). Paragraph 2 amends section 30A to remove the presumption against pre-charge bail. This is replaced by a neutral position, with no presumption for or against pre-charge bail. The aim of this change, as well as the equivalent changes (below) to Part IV of PACE, is to remove the suggestion that the default position is to release a person before charge without bail and to encourage the use of pre-charge bail, where it is necessary and proportionate in all the circumstances. This aims to ensure that protection is afforded to victims and witnesses by the safeguards associated with pre-charge bail, particularly bail with conditions. Paragraph 2 also amends section 30A to enable a custody officer to authorise the initial release of a person on street bail (rather than an officer of at least the rank of inspector or above). This change reflects the level of expertise and knowledge held by custody officers and the operational realities of investigations.
	Paragraph 3 removes the presumption against pre-charge bail in section 34 of PACE. Section 34 deals with the release of a person from police detention. Where the custody officer determines that the conditions in section 34(5A) are met, which include the pre-conditions for bail under section 50A of PACE (mirroring the necessary and proportionate criteria in section 30A(1A)), the person must be released on bail under the amended section 34(5). Where the conditions in section 34(5A) do not apply, the person must be released without bail under new section 34(5AA).
	Paragraph 4 amends section 36 of PACE which deals with custody officers at police stations. This change takes into account the amendment of the rank of officer authorising the initial release of a person on street bail from an officer of the rank of inspector or above to custody officer in section 30A, ensuring that reference made to a custody officer in section 30A(1A)(b) also includes a reference to an officer other than a custody officer who is performing the functions of a custody officer, by virtue of section 36(4). This aims to provide flexibility to a constable when locating a custody officer for the purpose of obtaining authorisation to a release on bail under section 30A(1A).
	Paragraph 5 removes the presumption against pre-charge bail in section 37 of PACE. Section 37 deals with the duties of the custody officer before charge. Where the custody officer determines that there is insufficient evidence to charge and the pre-conditions for bail are satisfied, they must release on bail under the amended section 37(2) subject to section 37(3). Where the custody officer determines that there is insufficient evidence to charge and the pre-conditions are not satisfied, they must release without bail under new section 37(2A), again subject to section 37(3). Equivalent changes have been made to section 37(7) which sets out the options available to a custody officer where the custody officer determines they have sufficient evidence to charge an individual for the offence for which they were arrested.
	Paragraph 6 removes the presumption against pre-charge bail in section 37CA of PACE which applied where a person is released on bail under the amended section 37(7)(b) or 37CA(2)(b) and then arrested under section 46A of PACE. If the person is to be released without charge (to note, the option to charge is provided in section 37CA(2)(a), which remains unchanged), the amended section 37CA(2)(b) requires the person to be released on bail if the pre-conditions for bail are met. Where the pre-conditions for bail are not met (and the person is not charged under section 37CA(2)(a)), the person must be released without bail under new section 37CA(2)(c).
	Paragraph 7 makes a consequential change to section 37D(4A) of PACE.
	Paragraph 8 removes the presumption against pre-charge bail in section 41 of PACE. Section 41 imposes for limits on the time in which a person can be detained without charge. This is (subject to certain exceptions) 24 hours, which is calculated from a point known in PACE as the "relevant time" (normally, the time at which the person arrives at the first police station to which they are taken after their arrest). A person who has been in detention for 24 hours after the "relevant time" and who has not been charged must be released (unless further detention is authorised or permitted under subsequent provisions of PACE). This paragraph amends section 41(7) to provide that a person who has spent 24 hours in police detention and has not been charged must be released on bail under section 41(7)(a) if the pre-conditions are met and without bail under section 41(7)(b) if the pre-conditions are not met.
	Paragraph 9 removes the presumption against pre-charge bail in section 42 of PACE which provides for the continued detention of a person for up to 36 hours from the relevant time on the authorisation of an officer of the rank of superintendent or above. This paragraph amends section 42(10) to provide that, where a person has been detained for up to 36 hours from the relevant time and has not been charged, they must be released on bail under new section 42(10)(a), subject to section 42(10A), if the pre-conditions are met and without bail under new section 42(10)(b), subject to section 42(10A) if the pre-conditions are not met.
	Paragraph 10 removes the presumption against pre-charge bail in section 43 of PACE, which deals with warrants of further detention. Section 43 is amended to provide that where an application to a magistrates’ court for a warrant of further detention (for up to 72 hours from the "relevant time") has been refused, the person to whom the application relates must, unless charged, be released on bail under new section 43(15)(a) if the pre-conditions are met and without bail under new section 43(15)(b) if the pre-conditions are not met. Similarly, where a warrant of further detention is issued by a magistrates’ court, the person to whom the warrant relates must, unless charged, be released from police detention on or before the expiry of the warrant on bail under new section 43(18)(a) where the pre-conditions are met and without bail under new section 43(18)(b) where the pre-conditions are not met.
	Paragraph 11 removes the presumption against pre-charge bail in section 44 of PACE, which relates to the extension of warrants of further detention. Section 44, as amended, provides that, where an application for a warrant of further detention (for up to 96 hours from the relevant time) has been refused by a magistrates’ court, the person to whom the application relates must, unless charged, be released on bail under new section 44(7)(a) where the pre-conditions are met and without bail under new section 44(7)(b) where the pre-conditions are not met.
	Paragraph 12 make consequential changes to section 47ZC of PACE which sets out the four conditions that must be met for extension of the time limits on bail (the "applicable bail period") to be authorised under sections 47ZD to 47ZG of PACE.
	Paragraph 13 amends section 50A of PACE, which defines the pre-conditions for bail under Part 4 of PACE, to enable a custody officer to authorise the initial release of a person on bail (rather than an officer of at least the rank of inspector or above). This change reflects the level of expertise and knowledge held by custody officers and the operational realities of investigations.
	Section 24A of the Criminal Justice Act 2003 confers on a constable power to arrest a person without warrant where the constable has reasonable grounds for believing that the person has failed, without reasonable excuse, to comply with any of the conditions attached to a conditional caution. Paragraph 15 removes the current presumption against pre-charge bail in section 24A(2) and creates a neutral position on the granting of pre-charge bail. If a person is released without charge and the release is to enable a charging decision to be made, such a person must be released on bail under new section 24A(2)(b) where the pre-conditions are met and without bail under new section 24A(2)(c) if the conditions in section 24A(2)(b) are not met.
	Paragraph 16 makes consequential changes to section 24B of the Criminal Justice Act 2003.