Pre-Charge Bail Guidance

The National Police Chief’s Council, has issued new operational guidance for pre-charge bail and release under investigation. The guidance follows changes to pre-charge bail under the Policing and Crime Act 2017 and is in response to concerns in domestic abuse and high harm cases, including sexual offences and offences involving vulnerable people. 

On the question of pre-charge bail, the guidance states that it ‘must not be used punitively and investigators should endeavour to complete enquires within the first period of detention. Bail managers must ensure that the necessity and proportionality for bail is met and that the decision process is transparent and open ensuring the need for bail is commensurate with the developing investigative plan. 

If the decision is instead to release under investigation, the guidance provides clear guidelines on review and management of the case to ensure the investigation and its disposal are actioned quickly. Whilst the broader impacts of these fundamental changes in the management of suspects is still being explored, the NPCC has announced that ‘the impact of these changes has already seen an unprecedented reduction in the use of bail, with many suspects being released under investigation’.

The primary message of these changes is that in the right circumstances, the use of pre-charge bail is still a legitimate investigative and safeguarding tool.

Please see the Criminal Law guide and precedents for more detailed information.