Police powers Pre-charge bail
Pre-charge bail, also known as police bail, is used to protect victims and witnesses of crime, secure and preserve evidence, and ensure the effective execution of justice. It also minimises the length of time suspects are detained while further enquiries are made.
	Prior to charging a suspect with a crime, there are generally two scenarios where the police may grant bail with or without conditions:
	Where there is as yet insufficient evidence to charge a suspect with an offence and it is necessary to continue to investigate without them being held in custody.
	Where the police consider there is sufficient evidence to charge the suspect, but the case has been referred to the Crown Prosecution Service ("CPS") for a charging decision.
	The police may detain a suspect for up to 24 hours prior to charge. Where the offence being investigated is indictable (that is, the more serious offences which can be tried in the Crown Court) detention can be extended to 36 hours on the authority of a police officer of at least the rank of superintendent. A warrant of further detention issued by a magistrates’ court would be required to extend detention beyond 36 hours, to a maximum of 96 hours. In order to avoid prolonged periods of detention, the police have the power to grant bail to allow them to make further enquiries. This stops the detention clock while the police undertake outstanding enquiries, meaning that suspects can still be detained for the remaining period of time if necessary.
	Applying bail conditions means that the police can manage a suspect effectively within the community while further investigations progress. This recognises their status as a person under investigation and not as an offender, thereby preserving their rights and liberties. It also acknowledges the sensitivities of victims, witnesses and communities by offering some level of protection and mitigating the risk of further criminality.
	Commonly used police bail conditions include:
	not to contact the victim directly or indirectly;
	not to attend the home address of the victim/not to enter the victim’s street or a specific area marked out on a map;
	to live and sleep at a specified address;
	to report to a named police station on specific days of the week at specified times; and
	travel restriction conditions, such as passport surrender, especially where there is risk of flight.
	Data on the use of pre-charge bail by police in England and Wales is not routinely collated centrally. In 2011, the then National Policing Improvement Agency ("NPIA") and ACPO Criminal Justice Business Area undertook a data collection exercise across all forces. Returns were received from twenty-three forces and indicated that over a six month period approximately one-third of individuals brought into custody were reported to have been given bail. There was also variation in the reported use of bail and the reported average length of bail given across forces, although it is not clear if this is due to different recording practices or in the actual use of bail across forces. (The police use of pre-charge bail: an exploratory study, NPIA, July 2012).
	On 18 December 2014 the Home Secretary announced (House of Commons, Official Report, column 132WS) the publication of the consultation paper Pre-Charge Bail, A Consultation on the Introduction of Statutory Time Limits and Related Changes to seek views on a series of measures intended to reduce both the number of individuals subject to, and the average duration of, pre-charge bail. This consultation was complementary to that carried out by the College of Policing on the principles of pre-charge bail management, which published its report Response to the Consultation on the Use of Pre-Charge Bail on 11 December 2014. In July 2015 the College published authorised professional practice on pre-charge bail management.
	The Home Secretary announced the outcome of the Government’s consultation on 23 March 2015 (House of Commons, Official Report, column 1112). The response to the consultation set out the following proposals for legislation:
	Providing for a presumption to release without bail, with bail only being imposed when it is both necessary and proportionate;
	Setting a clear expectation that pre-charge bail should not last longer than a specified finite period of 28 days (subject to the possibility of extension);
	Making provision for when that initial period might be extended further, and who should make that decision (including longer periods to be determined by the courts);
	Making clear that, where an individual has been released without bail while analysis takes place of large volumes of material, the police can make a further arrest where key evidence is identified as a result of the analysis of that material that could not reasonably have been done while the suspect was in custody or on bail;
	Providing a procedure to allow sensitive information to be withheld from a suspect where its disclosure could harm the investigation, such as where disclosure might enable the suspect to dispose of or tamper with evidence; and
	Providing for an exceptional case procedure.
	Chapter 1 of Part 4 gives effect to these proposals.
	The issue of suspected terrorists absconding from pre-charge bail has been of concern, following cases where individuals from the UK have been drawn to Daesh in Syria, Iraq and other countries. There is a particular risk that those under investigation of terrorism offences may seek to flee the UK. At present, while the police can impose conditions on an individual when releasing them on bail before charge, the only response available in the event that these conditions are breached is a return to custody. This option is not available where pre-charge custody time limits have already been reached.
	When he gave evidence to the Liaison Committee on 12 January 2016, the Prime Minister indicated, in response to a question from Rt Hon Keith Vaz MP (Q53), that the Government would look at making breach of bail a criminal offence. On 6 April 2016 the Home Secretary announced that a new offence of breach of pre-charge bail conditions relating to travel for relevant terrorism offences would be introduced as part of the then Bill. Sections 68 and 69 provide for this new offence.