Part 2: Prevention, investigation and prosecution of crime Chapter 4: Other provisions Section 45 and Schedule 4: Pre-charge bail Part 6 of Schedule 4: guidance on pre-charge bail
Part 6 of Schedule 4 inserts new section 50B into PACE. New section 50B(1) creates a new power for the College of Policing to issue statutory guidance on pre-charge bail granted to a person under Part 3 or Part 4 of PACE. Statutory guidance is being developed to underpin the pre-charge bail regime and ensure greater consistency across forces in how the regime is applied. As set out in new section 50B(2), the guidance will cover but is not be limited to the exercise of powers to release a person on pre-charge bail; the exercise of powers to impose or vary conditions of pre-charge bail; the exercise of powers to arrest a person- for failing to answer pre-charge bail, or for breaching any conditions of pre-charge bail; the exercise of powers to extend the period of pre-charge bail; and the duty to seek the views of alleged victims about conditions of pre-charge bail. The College of Policing must receive the Secretary of State’s approval to issue the guidance and the guidance may be revised in part or in full, again with the approval of the Secretary of State, as set out in new section 50B(3).
	New section 50B(4) and (5) set out the requirements as to how guidance under section 50B must be issued. The College of Policing must consult with persons representing the view of local policing bodies; the National Police Chiefs’ Council and any other persons the College believes should be consulted. The Secretary of State must lay before Parliament any guidance issued or revised under this power.
	Subsections (6)-(8) of section 50B require persons exercising functions relating to pre-charge bail to have regard to the guidance, with a carve-out for members of the above-named agencies to ensure that this guidance does not apply to them. The application of the guidance is deliberately not limited to constables or police officers in order to take into account the number of civilian police staff exercising functions relating to pre-charge bail. Where a person does not comply with the guidance on pre-charge bail, this will not, in and of itself, render them liable to any criminal or civil proceedings. The guidance will be admissible in any criminal or civil proceedings and a court may take into account a failure to comply with the guidance.