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Police Pre-Charge Bail Reform

The Home Office is reviewing police pre-charge bail practices under the Bail Act 1976, as the remand population has grown significantly with increasingly risk-averse application of bail presumptions. The Ministry of Justice is investigating whether the legal framework is operating as intended and considering impacts of video link technology on remand rates, while rejecting proposals to broaden police charging powers without CPS involvement. Current focus is on independent review of bail application practices and HM Prison and Probation Service guidelines.

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Family: Consultations

2023

6 events
17 Jan 2023 | Government response linked

Custodial remand should only be used for those who are not suitable for alternatives, such as conditional bail or electronic monitoring. Greater engagement is needed between the Ministry of Justice and the Judiciary on the alternatives currently available to custodial remand. The Government should ensure that judges and magistrates are aware of the proven effectiveness of these alternatives in order to instil confidence and to increase their usage.

Custodial remand should only be used for those who are not suitable for alternatives, such as conditional bail or electronic monitoring. Greater engagement is needed between the Ministry of Justice and the Judiciary on the alternatives currently available to custodial …

▤ View document · ↗ GOV.UK
17 Jan 2023 | Government response linked

We welcome the Government’s commitment to the use of electronic monitoring. Such technology offers opportunities to prevent the use of custodial remand through monitoring in the community and can also monitor compliance with bail conditions. We recommend that the Ministry of Justice ensure magistrates are provided with the information on the forms of electronic monitoring that are available and what they can be used for to improve awareness and confidence in the use of tagging as an alternati...

We welcome the Government’s commitment to the use of electronic monitoring. Such technology offers opportunities to prevent the use of custodial remand through monitoring in the community and can also monitor compliance with bail conditions. We recommend that the Ministry …

▤ View document · ↗ GOV.UK
17 Jan 2023 | Government response linked

There should be more consistent provision of Bail Information Services in courts to give decision-makers greater confidence in the bail package being presented to them. We recommend that the outcomes of the current pilot relating to these services are published, and that the service should then be scaled up so that it is available in all magistrates’ courts if it is proven to help in putting together effective bail packages.

There should be more consistent provision of Bail Information Services in courts to give decision-makers greater confidence in the bail package being presented to them. We recommend that the outcomes of the current pilot relating to these services are published, …

▤ View document · ↗ GOV.UK
17 Jan 2023 | Government response linked

Bail accommodation is a particularly acute issue for women, with shortages of appropriate accommodation and that which is available often being far from home. The role of adult custodial remand in the criminal justice system 47 The Government should look at ways of expanding the accommodation offer and emphasise the use of alternatives such as electronic tagging if suitable accommodation is not available. (Paragraph 139) Data and technology

Bail accommodation is a particularly acute issue for women, with shortages of appropriate accommodation and that which is available often being far from home. The role of adult custodial remand in the criminal justice system 47 The Government should look …

▤ View document · ↗ GOV.UK
17 Jan 2023 | Government response linked

We recognise that for routine hearings there is a benefit of using video links from prison so a remanded defendant does not have to experience frequent disruption going to and from court. However, the convenience of video technology must not affect a defendant’s access to justice, and should not become a default position because of resource or capacity pressures. It is important that trials and other key hearings continue to be heard physically in court.

We recognise that for routine hearings there is a benefit of using video links from prison so a remanded defendant does not have to experience frequent disruption going to and from court. However, the convenience of video technology must not …

▤ View document · ↗ GOV.UK
17 Jan 2023 | Government response linked

The Ministry of Justice should conduct research into the potential effects on remand rates of using video links in prison and police stations to ensure that use of these technologies is not having a significant impact on the number of individuals being remanded to custody.

The Ministry of Justice should conduct research into the potential effects on remand rates of using video links in prison and police stations to ensure that use of these technologies is not having a significant impact on the number of …

▤ View document · ↗ GOV.UK

2021

6 events
6 Sep 2021 | Consultation outcome Home Office linked

Police powers: pre-charge bail — outcome published

Consultation on proposals for reviewing pre-charge bail legislation.

▤ View document · ↗ GOV.UK · ↓ Police powers: pre-charge bail government cons…
+17 more
↓ Police powers: pre-charge bail government consultation (30pp) ↓ Impact assessment (accessible version) ↓ Impact assessment (13pp) ↓ Executive summary: Welsh (accessible version) ↓ Executive summary: Welsh (2pp) ↓ Privacy information notice (accessible version) ↓ Privacy information notice (4pp) ↓ Police powers: pre-charge bail government response (accessi… ↓ Police powers: pre-charge bail government response (29pp) ↓ Police powers: pre-charge bail government response (Welsh v… ↓ Police powers: pre-charge bail government response (Welsh v… (29pp) ↓ Police powers: pre-charge bail overview of the evidence (ac… ↓ Police powers: pre-charge bail overview of the evidence (73pp) ↓ Police powers: pre-charge bail overview of the evidence (W… ↓ Police powers: pre-charge bail overview of the evidence (We… (77pp) ↓ Pre-charge bail overview of the evidence, raw data files (a… ↓ Pre-charge bail overview of the evidence, raw data files

2020

2 events
29 May 2020 | Consultation outcome Home Office linked

Police powers: pre-charge bail — consultation closed

Consultation on proposals for reviewing pre-charge bail legislation.

▤ View document · ↗ GOV.UK · ↓ Police powers: pre-charge bail government cons…
+17 more
↓ Police powers: pre-charge bail government consultation (30pp) ↓ Impact assessment (accessible version) ↓ Impact assessment (13pp) ↓ Executive summary: Welsh (accessible version) ↓ Executive summary: Welsh (2pp) ↓ Privacy information notice (accessible version) ↓ Privacy information notice (4pp) ↓ Police powers: pre-charge bail government response (accessi… ↓ Police powers: pre-charge bail government response (29pp) ↓ Police powers: pre-charge bail government response (Welsh v… ↓ Police powers: pre-charge bail government response (Welsh v… (29pp) ↓ Police powers: pre-charge bail overview of the evidence (ac… ↓ Police powers: pre-charge bail overview of the evidence (73pp) ↓ Police powers: pre-charge bail overview of the evidence (W… ↓ Police powers: pre-charge bail overview of the evidence (We… (77pp) ↓ Pre-charge bail overview of the evidence, raw data files (a… ↓ Pre-charge bail overview of the evidence, raw data files
5 Feb 2020 | Consultation outcome Home Office linked

Police powers: pre-charge bail — consultation opened

Consultation on proposals for reviewing pre-charge bail legislation.

▤ View document · ↗ GOV.UK · ↓ Police powers: pre-charge bail government cons…
+17 more
↓ Police powers: pre-charge bail government consultation (30pp) ↓ Impact assessment (accessible version) ↓ Impact assessment (13pp) ↓ Executive summary: Welsh (accessible version) ↓ Executive summary: Welsh (2pp) ↓ Privacy information notice (accessible version) ↓ Privacy information notice (4pp) ↓ Police powers: pre-charge bail government response (accessi… ↓ Police powers: pre-charge bail government response (29pp) ↓ Police powers: pre-charge bail government response (Welsh v… ↓ Police powers: pre-charge bail government response (Welsh v… (29pp) ↓ Police powers: pre-charge bail overview of the evidence (ac… ↓ Police powers: pre-charge bail overview of the evidence (73pp) ↓ Police powers: pre-charge bail overview of the evidence (W… ↓ Police powers: pre-charge bail overview of the evidence (We… (77pp) ↓ Pre-charge bail overview of the evidence, raw data files (a… ↓ Pre-charge bail overview of the evidence, raw data files

2018

1 event

2016

2 events

2015

3 events
24 Mar 2015 | Consultation outcome Home Office linked

Pre-charge bail: consultation on statutory time limits and related changes — outcome published

The government is consulting on statutory time limits on the use of pre-charge bail to reduce both the number of individuals on, and the length of, pre-charge bail.

▤ View document · ↗ GOV.UK · ↓ Pre-charge bail consultation document (34pp)
+4 more
↓ Pre-charge bail consultation document: Welsh version (33pp) ↓ Pre-charge bail: summary of consultation responses and prop… (39pp) ↓ Pre-charge bail: summary of consultation responses and prop… (45pp) ↓ Consultation response counts (7pp)
8 Feb 2015 | Consultation outcome Home Office linked

Pre-charge bail: consultation on statutory time limits and related changes — consultation closed

The government is consulting on statutory time limits on the use of pre-charge bail to reduce both the number of individuals on, and the length of, pre-charge bail.

▤ View document · ↗ GOV.UK · ↓ Pre-charge bail consultation document (34pp)
+4 more
↓ Pre-charge bail consultation document: Welsh version (33pp) ↓ Pre-charge bail: summary of consultation responses and prop… (39pp) ↓ Pre-charge bail: summary of consultation responses and prop… (45pp) ↓ Consultation response counts (7pp)

2014

1 event
17 Dec 2014 | Consultation outcome Home Office linked

Pre-charge bail: consultation on statutory time limits and related changes — consultation opened

The government is consulting on statutory time limits on the use of pre-charge bail to reduce both the number of individuals on, and the length of, pre-charge bail.

▤ View document · ↗ GOV.UK · ↓ Pre-charge bail consultation document (34pp)
+4 more
↓ Pre-charge bail consultation document: Welsh version (33pp) ↓ Pre-charge bail: summary of consultation responses and prop… (39pp) ↓ Pre-charge bail: summary of consultation responses and prop… (45pp) ↓ Consultation response counts (7pp)