Important Changes to Pre-Charge Bail

Changes to the pre-charge bail system took effect in November 2022, following the commencement of Schedule 4 of The Police, Crime, Sentencing and Courts Act 2022. This change removes the presumption against pre-charge bail that was introduced by the Policing and Crime Act 2017(PACE) to encourage the Police to use pre-charge bail over releasing suspects under investigation.

Under the new provisions, standard cases will have an initial bail period of three months, which can be extended twice by senior police officers for a total period of nine months. Further extensions beyond this period will require authorization by a Magistrates Court. For standard cases designated as exceptionally complex or non-standard cases, pre-charge bail can be extended up to 12 months from the bail start date before coming before a Magistrates Court.

Breaches of pre-charge bail now have a three-hour extension on the PACE custody clock to provide investigators with more time to complete any outstanding lines of enquiry and seek a charging decision in these cases when they are able to do so.

Additionally, Part 6 of Schedule 4 inserts a new section 50B into PACE, which creates a new power for the College of Policing to issue statutory guidance on pre-charge bail granted under Part 3 or Part 4 of PACE. This guidance aims to underpin the pre-charge bail regime and ensure greater consistency across police forces in how the regime is applied.

Our legal team is dedicated to staying informed and providing the best possible advice to our clients. If you require assistance with any aspect of your case, please do not hesitate to contact us via email on nilso@chadlaw.co.uk.