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Suspects could be bailed for up to 90 days while police investigate

Written by on 06/02/2020

Home Secretary Priti Patel is expected to abandon “unenforceable” reforms to bail introduced by Theresa May.

Mrs Patel has proposed doubling or trebling the length of pre-charge bail, which was limited to 28 days under Mrs May’s reforms.

Police could be given either six, nine or 12 months to investigate a suspect on pre-charge bail before needing magistrates’ approval to extend bail, according to the plans.

The home secretary said she was “committed to giving a voice to victims and providing the police with the support they need to protect the public from harm”.

Mrs May made the changes to bail in 2017 after complaints from suspects, including those under investigation over historical sex offences, some of whom had remained on bail for more than a year.

The limitations led to a sharp rise in the number of people released while under investigation, with no time limit and no conditions placed on suspects – meaning some are left in limbo for months or years.

Women’s groups argue the lack of restrictions on suspects also mean domestic and sexual abuse victims are unprotected and living in fear.

Last year, Kay Richardson was murdered by her estranged husband Alan Martin, who had been released under investigation.

According to figures obtained by Newsnight, some 322,250 people were released under investigation between April 2017 and October 2018.

Of these, 93,098 cases were in relation to violence and sexual offences.

Sky News police analyst Graham Wettone says the current limits make pre-charge “impractical” and “unenforceable”.

He said the new proposals from the home secretary will “speed up investigations and justice” and are a “step back to what the police service are suggesting”.

The chair of the Police Federation, John Apter, said: “The Police Federation, along with many others within policing, warned that the changes to the bail laws were not fit for purpose when they were introduced, and this review is a welcome step towards changing these laws to make them relevant and workable.

“My sincere hope, and challenge to the government, is that this review leads to a real change in the bail system that supports police officers as they carry out investigations and, most importantly, puts the safety of victims at the forefront.”

But criminal barrister Andrew Keogh told Sky News he feared little would change without more resources for policing.

He said it was “not the case at all” that the new proposals would bring an end to people being released under investigation, and that he would be “shocked if it had any impact whatsoever” on suspects waiting months to be charged or have their case dropped.

Under Mrs May’s reforms, there is a presumption that suspects will be released under investigation unless a custody sergeant decides bail is “necessary and proportionate”.

The proposed changes mean the presumption will switch to police using pre-charge bail.

Mr Keogh says this will be “at the discretion of the police” and that without more resources, officers could prioritise daily policing duties over investigations.

(c) Sky News 2020: Suspects could be bailed for up to 90 days while police investigate