Policy background Pre-charge bail
An individual who has been arrested by the police but who has not yet been charged can be released on pre-charge bail or released without bail while the investigation continues. Pre-charge bail means the individual under investigation is released from police custody, with or without conditions, while officers continue their investigation. Individuals on pre-charge bail are required to return to the police station at a specified date and time, known as "answering bail", to either be informed of a final decision on their case or to be given an update on the progress of the investigation.
	Conditions may be imposed upon the individual if they are deemed necessary to: prevent someone from failing to surrender to custody; prevent further offending; or prevent someone from interfering with witnesses or otherwise obstructing the course of justice. Conditions may also be imposed for the individuals’ own protection or, if aged under 18, for their own welfare and interests.
	The then Government legislated through the Policing and Crime Act 2017 to address concerns that individuals were being kept on pre-charge bail for long periods, sometimes with strict conditions. The reforms introduced:
a "presumption" against pre-charge bail unless necessary and proportionate in all circumstances to release on bail; and
clear statutory timescales and processes for the initial imposition and extension of bail, including the introduction of judicial oversight for the extension of pre-charge bail beyond three months.
	After the reforms came into force in April 2017, the use of pre-charge bail fell, mirrored by an increasing number of individuals released without bail, commonly known as "released under investigation" ("RUI"). This change has raised concerns that bail was not always being used when appropriate, including to prevent individuals from committing an offence whilst on bail or interfering with witnesses. Other concerns focus on the potential for longer investigations in cases where bail is not used and the adverse impacts on the courts.
	On 5 November 2019 the Government announced a review of pre-charge bail to address the concerns raised around the impact of the current regime on the police, victims, those under investigation and the broader criminal justice system.
	The Government held a public consultation which ran from 5 February to 29 May 2020 which sought views on proposed reforms that would remove the general presumption against bail and instead introduce a risk-based approach to the use of bail. In addition, the consultation sought views on proposals to amend the statutory framework governing pre-charge bail timescales and authorisations designed to remove disincentives against the use of pre-charge bail whilst supporting the timely progression of investigations.
	The consultation received 844 responses, with 80% of respondents agreeing with the proposal to remove the presumption against pre-charge bail and 88% strongly agreeing that bail conditions needed to be made more effective to prevent interference with victims and witnesses. The Government’s response to the consultation was published on 14 January 2021. Section 45 and Schedule 4 give effect to these proposals.