Police Bail

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Police Bail
  • Policing And Crime Act 2017 amendments to police bail
  • Police bail—presumption of release without bail
  • Release following arrest
  • Release from detention
  • Release after a decision has been made about charge
  • Preconditions of police bail
  • Street bail
  • Pre-charge bail—pending further enquiry
  • Pre-charge bail—pending charging decision
  • More...

Police Bail

Policing And Crime Act 2017 amendments to police bail

Some of the most important changes brought about by the Policing and Crime Act 2017 (PCA 2017) were reforms to pre-charge police bail.

Bail from a police station, whether it be following arrest or detention, pending further enquiries or pending charge, encompasses a duty to attend at such police station as the custody officer may appoint at such time as they may appoint (bail return date). Police and Criminal Evidence Act (PACE) 1984, s 47ZA imposes limits on the period in respect of which pre-charge police bail can be imposed (applicable bail period).

The PCA 2017 regime includes an assumption that arrested people will be released without being made subject to bail unless necessity and proportionality criteria are met (see: Presumption of release without bail) and imposes a 28-day initial applicable bail period (ABP) in a standard pre-charge case (or three months in a Serious Fraud Office (SFO) case) that can be granted by an officer up to the rank an inspector. Further extended periods that can be imposed by more senior officers and/or the court. For further information, see News Analysis: Policing and Crime Act 2017—reforms to the police bail regime (and see below: Time limits on pre-charge bail—standard cases and Time limits on pre-charge bail—designated cases).

Prior to these amendments coming into force on 3 April

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