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Liberty Backs Police Over Bail Crisis

Liberty Backs Police Over Bail Crisis

Human rights organisation claims that detention and bail must be treated differently.

Date - 1st July 2011
Courtesy of - Cliff Caswell - Police Oracle
3 Comments 3 Comments}

Human rights group Liberty has said that the police should be able to bail suspects without compromising the time available to question them after a court ruling left threw open how the Police and Criminal Evidence Act is interpreted.

James Welch, the organisation's Legal Director, maintained that being granted bail pending an investigation should not be treated the same way as detention.

He added: "Limits on the time that suspects can be held in custody are necessary but there are good reasons why the police should be allowed to bail suspects for more than 96 hours.

"If this decision cannot be appealed legislation should be introduced to clarify the law. This would also be an opportunity to introduce safeguards into the system."

As reported on PoliceOracle.com the court ruling on the Hookway Case, which was being investigated by GMP, means that officers can no longer freeze the time a suspect is held without charge when they are granted police bail.

During the case, GMP had sought the extension of a warrant for further detention of a suspect under Section 44 of PACE, but this was refused by City of Salford JPs.

The Force had then sought a Judicial Review of the decision, which was dismissed by Mr Justice McCombe during a hearing at the High Court in May.

The ruling means that police have a maximum of 96 hours from the point of arrest to conclude their initial investigation – regardless of whether a suspected is bailed.

It has now been confirmed police have been granted permission to appeal to the Supreme Court to reverse the ruling. A hearing has been set for July 25.

“There are good reasons why the police should be allowed to bail suspects for more than 96 hours”

Ministers have said that emergency legislation may still be necessary amid the threat to the criminal justice system. Labour has pledged its backing for the government, although Shadow Home Secretary Yvette Cooper has called for legal advice given to her Conservative opposite number to be made public

In a statement CC Jim Baker-McCardle, the ACPO Lead who has been dealing with the issue said: "This ruling has a profound impact on how the police have investigated crime under a legal framework interpreted and used during the last 25 years.

"Unless overturned, the indications are its effect is that police can no longer put anyone out on bail for more than 96 hours without either being in a position to charge or release."

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Anonymous Anonymous says...
Maverick22

Maverick22 - Sun, 03 July 2011
My God, what is the world coming too. Liberty backs the Police, that must be a first. Usually we have Chakribati on the TV and Radio complaining about the police, is she on leave, or off sick.
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newBeatBoy

newBeatBoy - Tue, 05 July 2011
Mav, I am similarly stunned... and impressed! Having said that, the current impasse actually works against detainees rights as they may be held in custody pending a rush to get a charge within 24 hours, rather than being released for further enquiries. So I can understand Liberty's concern.
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newBeatBoy

newBeatBoy - Tue, 05 July 2011
Somehow the last comment got detached from my name - NBB
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