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Being arrested for any reason can be a frightening experience. Criminal defence solicitor Brian Nuttney, considers the impact of the Police, Crime, Sentencing and Courts Act 2022 which came into force in October 2022 and explains how McCormicks can help.

 

We recognise that many people have limited knowledge or experience of the criminal justice system and can therefore find it confusing and daunting. To help you understand pre-charge bail and recent changes in the law, we look at bail and how we can assist with your case.

Please remember that you are entitled to have legal representation whilst at the police station.  It is crucial that you ask for a representative from McCormicks to attend for your interview and seek our advice before you answer any questions. Having a legal representative is not an admission of guilt. An experienced solicitor will ensure that the police comply with their statutory duties, that  you are fully aware of the allegations and help to ensure that you present the best case to prevent any prosecution but, if charged, have a strong case to put forward at court.

If the police arrest you on suspicion of committing a criminal offence, they can typically only detain you in custody for 24 hours. However, the police will need to complete their investigation before considering a formal charge and this can take days, weeks or even months, meaning that many are left in limbo for many months or even years before the police conclude their investigation.

If the time limit expires or the police cannot progress the case whilst you are in custody they should release you from custody whilst they continue their investigation. They have two options; either release you on pre-charge bail or release under investigation.

What is pre-charge bail?

Pre-charge bail is given to a suspect, who is released from custody and is required to reattend at the police station at a later date agreed on release.  During this time on bail, police have a duty to investigate the allegations and continue their enquiries; for example, to obtain further evidence, send off items for forensic analysis, review CCTV, etc, in a timely way.

Bail conditions

Whilst on bail, the police may place certain conditions upon the suspect which they believe will protect the complainant/witnesses or reduce the risk of further offending or to ensure the suspect attends for bail.  Under section 50A of PACE, the Officer In Charge of investigation should consider the necessity and proportionality of imposing bail conditions. As your legal representatives we will make representations to the police and custody staff, to make sure any bail conditions requested are appropriate and fair.

Common bail conditions are:

- requiring the suspect to live and sleep at an address

- observe a curfew and must stay at home at set times

- prevent contact with the complainant

- prevent attending at set addresses or areas

Suspects can also be released on bail without any conditions but still required to reattend at the police station.

Length of bail

Initially the Police have the option of bailing a suspect for a period of up to three months. For investigations involving the FCA, CFO, NCA and HMRC, the initial bail period can be for up to six months as the cases are usually more complex.

The Officer in Charge of the investigation can seek authority from an Inspector to extend bail for up to six months. The inspector must be satisfied of the following:

• Is the applicable bail period still valid?
• Have representations been sought from the suspect or the legal representative?
• Have views of the complainant been sought?
• Have conditions A to D of PACE been satisfied?

From our dealings with the police we have found that the Officer in charge does not always seek our views on rebail so it is important to liaise with us as your legal representative so that we forward our views to the inspector and the custody staff when they decide if they should rebail you.

Further bail extensions

If the police require further time to investigate the matter and can satisfy the above criteria, then the Officer in Charge can seek authorisation from a Superintendent, who can extend bail period to nine months.

If the police require the bail period to be more than nine months form arrest then they must apply to the Magistrates’ Court for authorisation. This process is pursuant to the Criminal Procedure Rules 14.21 & 14.22, as well as sections 47ZF – 47ZJ of the Police and Criminal Evidence Act 1984

Released under investigation

Police also have the option of releasing suspects from custody without requiring reattendance on a certain date. In these cases police have a duty to regularly review the investigation to make sure that there are no delays and they keep the suspect or their legal representatives informed of the progress of the investigation. Conditions cannot be applied to suspects released under investigation, but they will be advised not to interfere with the investigation and interact with witnesses.

We can help you

The continual cuts to the Police, Crown Prosecution Service and the courts have resulted in the delayed progression of police investigations. It is not uncommon for a person to be on bail for many months or released under investigation for more than a year. This can cause you unnecessary stress, as well as effecting your freedom and possibly your career and family life.

If you have been arrested and have been released on pre-charge bail or released under investigation, please contact us as we can help.

McCormicks Solicitors have considerable experience in dealing with the police and courts and we take a hands-on approach for our client’s cases with aim to prevent criminal proceedings at every stage where realistically possible. If you are on bail we can make representations to the police and, if required, submit an application to Magistrates Court to remove you from bail or vary the conditions imposed upon you.

For a confidential, no-obligation discussion about your case please contact us on 01423 530630