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Taming the beast? Law, policy and practice in the use of pre-charge bail and release under investigation in England and Wales
Thu, September 12, 2:30 to 3:45pm, Faculty of Law, University of Bucharest, Floor: Ground floor, Amphitheater 2 „Nicolae Titulescu”Abstract
Pre-charge bail (PCB) and release under investigation (RUI) are police powers used when investigations cannot be completed, or charging decisions cannot be made, during the time available for suspects to be detained following their arrest. Suspects who are released on bail are often required to comply with conditions restrictive conditions which can be in place for many months representing a significant infringement of individuals’ human rights to liberty and family life. By contrast, when RUI is used, suspects are free from restrictions but remain under investigation until enquiries are completed. Pre-charge bail is regulated by law which includes time limits, whereas RUI is not and can continue indefinitely. Significant changes have been made to the law in the last decade because of high-profile campaigns by both suspects and victims’ organisations. In late 2022, these culminated in the removal of the presumption against bail, introduced in 2017 which had led to the widespread use of RUI (which was unused previously) and increased the timescales before bail must be reviewed by courts. The intention was to restrict the use of RUI and increase the use of PCB to better protect victims, by enabling the use of bail conditions, and safeguard suspects’ rights, by regulating the period awaiting an outcome of investigations.
This paper draws on empirical research conducted in three police forces in England and Wales in 2023, on the use of PCB and RUI. It will show that bail is now being used more frequently and that it nearly always includes bail conditions, and RUI continues to be used despite intentions to eliminate it. It will explore when, how and why police decisions are taken to use bail or RUI. The relevance of these findings for better understanding the complicated relationship between legal change, policy and police practices will be discussed.