On Monday 3rd April the Government introduced a new 28 day pre-charge bail limit under the new Policing And Crime Act 2017

(https://www.gov.uk/government/collections/policing-and-crime-bill).

What does this mean for you?

If you are arrested and interviewed at the Police Station there are a number of outcomes depending on the situation of your case. One of the most common outcomes is that you would be bailed to re-attend at the Police Station on a later date while further enquiries are carried out. Under the new Policing and Crime Act 2017, the Government have issued a time limit of 28 days for the Police to carry out their enquiries. This, hopefully, will mean that when you are released on Police Bail, you will not be waiting longer than a month before a decision is made.

What’s the catch?

Unfortunately, this is not as simple as it first seems. The Police are still able to apply for extensions to this time limit if they feel that the case is significantly more complicated. A Superintendent can authorise a 3 month extension from the initial arrest date before they have to make a decision in certain cases.

If the Police then find (on the rare occasion) that they need even more time to make enquiries or to consider the evidence or their enquiries, they will now need to apply to a Magistrate to issue an extension.

If you are released without charge because of the time limit, you can be re-arrested for the same offence at a later date if fresh evidence comes to light.

What if I’m already on Police Bail?

If you were arrested before 3rd April 2017, this new legislation does not apply to you or your current investigation.

Before the Policing and Crime Act 2017 was introduced, there was no limit on the amount of time a person could be subject to Police Bail. Hopefully this new legislation will mean less people are kept in the dark about how their case is progressing and people will no longer be bound by bail conditions which are, quite frankly, not necessary. To read the complete Policing and Crime Act 2017, click here.

We at Ringrose Law, understand how worrying it can be if you are arrested and bailed without having any idea what the outcome will be. Contact our Criminal Defence team who will be able to represent you at the Police Station on any matter, covered by the Legal Aid Agency’s Advice and Assistance Scheme. We have offices in Boston, Lincoln, Spalding, Sleaford, Grantham and Newark.

 

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