Criminal Courts And Criminal Process: Police Bail – Police And Criminal Evidence Act 1984 (PACE), Criminal Justice And Public Order Act 1994 (Copy)

1.2.3 Criminal Courts and Criminal Process

Police Bail – Police and Criminal Evidence Act 1984 (PACE), Criminal Justice and Public Order Act 1994

Introduction

• Bail is the temporary release of a suspect or defendant from custody, usually on condition that they return to court or the police station at a specified time.
• It balances two important values:
  • Presumption of innocence – individuals should not be punished before conviction.
  • Public protection and justice – ensuring suspects attend court and do not commit further offences or interfere with evidence/witnesses.
• The law on bail has been shaped mainly by the Police and Criminal Evidence Act (PACE) 1984 and later amendments, including the Criminal Justice and Public Order Act (CJPOA) 1994.

Police Bail under PACE 1984

1. When Bail Can Be Granted
   • Police may grant bail in two main situations:
     a) Before charge – after arrest but before a charging decision is made (police may release suspect pending further investigation).
     b) After charge – once charged, police may release on bail to attend the Magistrates’ Court at a later date.
2. Authority
   • Custody officer at the police station decides whether bail should be granted.
   • Decision must follow statutory criteria.
3. Conditions of Bail
   • Bail may be unconditional or subject to conditions (s.3A PACE):
     • Residence at a specified address.
     • Reporting to a police station at intervals.
     • Curfew or electronic tagging.
     • Restrictions on contacting witnesses or entering certain areas.
   • Conditions must be necessary and proportionate to ensure attendance and public safety.
4. Limits on Police Bail (as amended by later legislation, e.g., Policing and Crime Act 2017):
   • Pre-charge bail must be limited in time unless extended by a magistrate.
   • Aim: avoid indefinite “police bail” without charge.

Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course

Restrictions and Refusal of Bail under PACE

• Bail may be refused if:
  • Suspect’s name/address cannot be verified.
  • Suspect is unlikely to attend future proceedings.
  • Suspect poses a risk of committing further offences.
  • Suspect may interfere with witnesses or obstruct justice.
  • Suspect needs to be kept in custody for their own protection.
• If bail is refused → suspect must be brought before Magistrates’ Court at the earliest opportunity.

Amendments under the Criminal Justice and Public Order Act 1994

• CJPOA 1994 strengthened police powers to refuse bail in certain situations:
  • Where a defendant is charged with a serious offence (e.g., drugs, violence) and has previously breached bail conditions.
  • Where the offence was committed while the defendant was already on bail.
• Introduced a more restrictive approach to repeat offenders and those who show disregard for bail conditions.
• Example: Under s.25 CJPOA, bail could not be granted in some cases involving serious violent or sexual offences where the defendant had previous convictions, unless there were exceptional circumstances.

Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course

Evaluation of Police Bail

Strengths

• Protects presumption of innocence – avoids unnecessary pre-trial detention.
• Reduces pressure on prison system.
• Conditions of bail balance liberty with public safety.
• Judicial oversight available – bail refusals can be challenged in court.

Weaknesses

• Risk of offending while on bail – controversial in public opinion.
• Conditional bail may still be abused (defendants breaching terms).
• Complex rules after reforms have caused confusion for police and defendants.
• Amendments under CJPOA and later legislation arguably swung balance too far towards restricting liberty.

Case Illustrations

• Hookway Case (2011): Court of Appeal decision briefly caused confusion by suggesting PACE limits police bail to 96 hours. Parliament rapidly amended law to restore police bail powers.
• R v Kwame (1994): Example of refusal of bail due to risk of interference with witnesses.

Conclusion

• Police bail under PACE 1984 allows suspects to be released pending further investigation or court appearance, ensuring fairness and efficiency.
• The CJPOA 1994 introduced stricter controls, especially for repeat and serious offenders, reflecting public concern over bail misuse.
• Overall, police bail remains a crucial mechanism balancing the rights of suspects with the need for justice and public protection.

Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course