Bail case ruling stuns police

Police have warned that the ruling, made by a district judge at Salford Magistrates’ Court and backed by the High Court, could have huge implications.

At the moment, suspects can be released on bail pending further inquiries for weeks or even months.

The new ruling means suspects can be released on bail for no longer than 96 hours, or four days. After this time is up, officers can no longer question suspects and can only re-arrest them if they have new evidence.

The ruling could affect tens of thousands of criminals and cases and Home Secretary Theresa May said the Government was “conscious of the concerns this judgement has brought in terms of operational policing.”

We are running round like headless chickens this morning wondering what this means to the nature of justice. Chief Constable Sir Norman Bettison

The Home Secretary said: “I think this is a matter of great concern. We’re working with ACPO [the Association of Chief Police Officers] at the moment and looking at a number of possibilities as to how we can advise the police on this issue.

“There may be an opportunity to appeal this decision. We are also looking at whether or not it’s necessary to introduce legislation in order to deal with this issue. We are conscious of the concerns this judgment has brought in terms of operational policing.”

However barrister David Wolchover told Channel 4 News that the level of police concern was “laughable”, adding: “there’s a very small minority of cases where this is likely to be any sort of a problem.” He said that most cases were dealt with without the need to release a suspect on bail. In the case of those suspected of more serious offences, who might now have to be released unconditionally, the likelihood was that the police would already be keeping tabs on their movements.

Ramifications of the ruling

ACPO and the Crown Prosecution Service said they were considering the ramifications of the ruling.

Sir Norman Bettison, Chief Constable of West Yorkshire Police, said: “This means unless this is overturned police can no longer put anyone out on bail for more than 96 hours without either being in a position to charge or release.

“It’s on the verge of a disaster now because the question being asked by my custody sergeants is, ‘What do we do, boss?’ I cannot countenance turning people away from the charge office and telling them all bets are off and they are free to go.”

He added: “We are running round like headless chickens this morning wondering what this means to the nature of justice. My holding position with my officers is that I can’t believe this is what was envisioned.

“We are awaiting advice from the CPS. The early indications are that until this matter is appealed or new legislation is passed the issue of putting people on bail for further questioning when they answer their bail is pretty much a dead duck.

“We are waiting, as the rest of the world is, for the best advice from the best legal minds. It’s a mess.”

Sir Norman added he was telling his officers to continue working as they have always worked, ensuring no suspect spends more than a maximum of 96 hours actually in custody, until further guidance was issued.

About 4,260 suspects are currently on bail from his force alone – which represents about 5 per cent of the police service – meaning about 85,200 people are on bail at any one time, he said.