Should Police Bail Have a Time Limit?

Today the civil liberties group, Liberty, has called for a maximum limit on the time an individual can be kept on police bail.

The group has called for a change to the law given that some suspects arrested in the Metropolitan Police’s linked investigations into alleged bribes and computer hacking are approaching two years on bail without charge.

The group is calling for a six-month time limit. So the question is: should a time limit be introduced?

Police Bail

It is first helpful to identify exactly what police bail is. Police bail is the species of bail imposed by the police when they are investigating if an individual has committed a crime. The need arises for it when the police do not have sufficient evidence to formally charge an individual but consider that further investigation is necessary. The individual is released on the understanding that they will return to the police station at a later date to potentially face charges.

The police can impose conditions when they grant bail if they are necessary to ensure that the individual answers their bail (returns to the police station), does not commit offences while on bail, does not interfere with witness or otherwise obstruct the course of justice, and/or for their own protection (or, if the individual is under 17, for their own welfare or in his own interests). Conditions could include, for example, residing at a particular location, not going to a particular area, not contacting certain individuals, or a curfew.

Police bail is imposed under the Police and Criminal Evidence Act 1984 and the Bail Act 1976. The law on bail is widely thought of as unsatisfactorily complex.

Should There be a Maximum Time Limit?

There is no maximum time limit set out in the law for how long an individual can be kept on police bail. While Liberty is calling for a six-month time limit, others have called for an even shorter limit. The Law Society, the group that represents solicitors, has called for a 28-day time limit. Should a time limit be introduced?

Bail is undoubtedly a useful tool for the police. It allows the police to conduct their investigations in the knowledge that a suspect will return to answer potential charges. Police bail, along with custody time limits, is also hugely important to the individual. It prevents an individual being detained while the police investigate if there is sufficient evidence to charge the individual formally with a crime: it protects liberty.

However, being on police bail can be a very difficult for an individual. They will be concerned and worried about the prospect of being charged with a crime, which is undoubtedly stressful. Moreover, their liberty may be restricted if they are subject to conditions. Over a prolonged period this is very likely to be detrimental to the individual’s wellbeing. When there is no maximum time limit there is no incentive for the police to conduct their investigations as efficiently and productively as possible. Instead, the police can take an unlimited amount of time.

A simple way to resolve this would be to impose a maximum time limit on police bail, which could be extended by a magistrates’ court if there is good reason. For example, there could be a maximum time limit of six-months, extendable by a magistrates’ court for an additional period (perhaps three months at a time) if there is good reason to do so. This modification would be beneficial for everyone. The police could acquire an extension of time to investigate a case if there is good reason; this recognises that some cases are very complex and take a prolonged period to investigate. It also protects the individual because they would know that in six months they will be released from bail if there is not a good reason for extending it; it encourages more efficient police investigations.

To my mind at least, it is not satisfactory that an individual can be on police bail indefinitely. The individual can be protected in a way that does not inhibit police investigations by having a maximum time limit on bail which can be extended by the courts when there is a good reason to do so.

What are your thoughts?