Police Bail or Under Investigation

Procedure

Greater Manchester Police March 2017

PROCEDURE IMPLEMENTED: 1st April 2017

REVIEW DATE: 1st April 2020

PROCEDURE OWNER: Criminal Justice and Custody Branch

APPROVED BY:

PROTECTIVE MARKING: Not Protectively Marked

IS THE PROCEDURE

IF REVISED, PLEASE COMPLETE TABLE BELOW

VERSION NO

DATE SUMMARY OF CHANGES AUTHOR(S)

Revised

Revised

New

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Table of Contents 1. Introduction and Background ...................................................................................... 1 2. Scope ......................................................................................................................... 1 3. Roles and Responsibilities ......................................................................................... 1

3.1 Suspects Released with Police Bail..................................................................... 1 3.2 Suspects Released Under Investigation (UI) ....................................................... 2

4. Terms and Definitions ................................................................................................ 3 5. Procedure .................................................................................................................. 3

5.1 Officer in the Case (OIC) ..................................................................................... 4 5.2 Custody Officer ................................................................................................... 5 5.3 Inspector ............................................................................................................. 6 5.4 Superintendent .................................................................................................... 6

6. Associated Documents ............................................................................................... 6 7. Statutory Compliance & Consultation ......................................................................... 6

7.1 Statutory Compliance .......................................................................................... 6 7.1.1 Equality Act (2010) ....................................................................................... 6 7.1.2 Data Protection Act (1998) ........................................................................... 6 7.1.3 Freedom of Information Act (2000) ............................................................... 6

7.2 Consultation ........................................................................................................ 7 8. Appendices ................................................................................................................ 8

Appendix A – Bail Process for ABP Cases which Expire Whilst File with CPS ............... 8 Appendix B – Bail Process for ABP Cases Suspended for CPS Advice ......................... 9 Appendix C – Bail Process for Cases Suspended for CPS (No Change in Bail Date) .. 10 Appendix D – Bail Process for Complex Cases ........................................................... 11 Appendix E - Bail Process for Simple Cases ................................................................ 12 Appendix F – Bail Process for Cases Under Investigation (Out of Court Disposal Outcome) ..................................................................................................................... 13 Appendix G – Bail Process for Section 37 (7) to Section 47 (3) Cases ........................ 13 Appendix H - Bail Process for Youths Under Investigation ........................................... 14 Appendix I - Bail Process for Cases Under Review to Prosecution Outcome ............... 15 Appendix J – Bail Process for Cases Under Investigation resulting in No Further Action (NFA) ........................................................................................................................... 16

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1. Introduction and Background Greater Manchester Police (GMP) seeks to ensure that a rigorous and transparent process exists which aligns bail management to any investigative plan.

The aims of the bail process are as follows:

To seek to finalise investigations during the first period of detention where possible.

To have an investigation and management plan to monitor the suspect on bail.

Any bail period set must be proportionate to the investigation and to manage any risks posed by the suspect.

A bail management diary in Integrated Custody Information System (ICIS) custody has been set up to support the process of bail monitoring.

2. Scope This document is intended for use by all police officers and staff involved in the criminal justice process of suspect management.

3. Roles and Responsibilities Officers and staff will vary their responsibilities depending on whether a suspect is released with police bail or released under investigation (UI).

3.1 Suspects Released with Police Bail Officer in the Case (OIC) You are responsible for:

Ensuring completion of the investigation in the first period of detention.

Ensuring that you are carrying out relevant enquiries diligently and expeditiously for crimes that you have suspects on bail for.

Ensuring that any re-bail requests are authorised by an officer of the respective rank in line with the new bail timescales provided.

Bail Managers You are responsible for assisting OICs and Custody Officers in all aspects of the administration and implementation of pre-charge bail. Custody Officer You are to ensure that the use of bail in the first instance is necessary and proportionate. Inspector It is your responsibility to authorise an Applicable Bail Period (ABP), if you deem bail and any conditions to be necessary and proportionate. Superintendent

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You are responsible for authorising an ABP of three months, which can be given at any point including whilst the suspect is in custody. Divisional/ Branch Commanders You are responsible for:

Monitoring and managing those persons on bail for your division or branch.

Ensuring commensurate action is taken where persons have failed to answer bail.

3.2 Suspects Released Under Investigation (UI) Officer in the case You are responsible for:

Ensuring ICIS custody records are updated alongside the crime report with an Expected Finish Date (EFD) of the investigation.

Updating the bail manager at the conclusion of the investigation so that the custody record can be updated and closed.

Ensuring the bail manager is informed of the disposal outcome so that the relevant paperwork can be generated.

If a suspect is to be prosecuted, ensuring that the offence disposal code is changed, in ICIS custody, to postally requisitioned (PR) and a summons file completed and submitted.

Bail Managers You are responsible for:

Finalising UI records in line with the appropriate disposal code upon receipt of notification by the OIC.

Monitoring both police bail and UI queues.

Ensuring ABP extensions are compeleted in a timely manner.

Seeking either suspect or legal representation.

Providing assistance to OICs in completing any forms.

Seeking ABP authorities from Superintendents and Magistrates (in conjunction with the OIC).

Following up overdue ICIS records.

Sending any relevant paperwork to suspects, legal representatives and Magistrates.

Custody Staff You should aid OICs and Bail Managers in updating records and providing assistance when requested. Divisional/ Branch Commanders You are responsible for ensuring your division/branch monitor and manage suspects who are released without bail. Criminal Justice and Custody Branch The Criminal Justice and Custody Branch (CJ and C) will monitor Forcewide overdue bail and UI by reviewing custody suite bail diaries.

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4. Terms and Definitions Applicable Bail Period (ABP) The period of time for which the bail authorisation has been given. Expected Finish Date (EFD) The date when the investigation is expected to finish. Postally Requisitioned (PR) A summons which tells the suspect when they are required to attend court. This means that there is suspicion of the suspect being guilty of the offence.

5. Procedure From 3rd April 2017 changes to the Police and Criminal Evidence Act (PACE) and the Bail Act 1976 mean that there is now a presumption that suspects will be released without bail. (There will be some cases where the suspect will be on bail prior to this date. These cases will continue in line with the bail policy prior to 3rd April 2017). In cases where bail is considered necessary and proportionate, authority levels and strict timescales are now required. In the majority of cases bail will only be required if conditions need to be imposed upon the individual, however bail can result in disadvantages for the suspect and must be subject to scrutiny and review. Pre-Charge Bail should be tailored to the specific circumstances for which it is being granted. The bail timescales and authority levels, from 3rd April 2017, are as follows:

Extension of an ABP beyond 3 months requires a Magistrates Court Hearing which the court must approve.

For an extension of the ABP from three months to six months without going to a magistrate, a case MUST be designated as a complex case and an Assistant Chief Constable’s (ACC) authority must be sought.

If further extensions are required, reapplication to the Magistrates Court is required prior to the end of the ABP which was granted at the initial Magistrate’s Court Hearing.

The ABP is suspended when a case is sent to the Crown Prosection Service (CPS) for a charging decision and restarts should any further investigation be required by them.

. Any suspect whose bail is not necessary and proportionate will be released without bail and a new ICIS disposal code of Under Investigation (UI) will be used. Suspects released UI will be subject to an EFD. The following EFD authorities will be auto-generated by ICIS custody:

Up to 28 days - Custody Officer

28 days to three months - Custody Officer

More than three months - Inspector

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Bail management performance data will be made available to Divisional and Branch Commanders for them to manage their outstanding bail and UI queues.

5.1 Officer in the Case (OIC) There are investigations where bail is unavoidable and suspects are bailed to avoid lengthy periods in detention. In these circumstances there must be an investigative plan and management regime to ensure that bail is set for the minimum period required to complete the investigation. An investigation plan should be available for scrutiny by supervisory and senior officers who will be called upon to authorise bail, which would normally be recorded on the crime report. All decision making to support the justification for exercising the bail authorities should be clearly documented on either Force Form 1185 or 1185a by the OIC and endorsed by the authorising officer. If the authorising officer is not readily available and records the authority elsewhere, such as the Inspectors daybook, the OIC must endorse the form with the details of where the authority has been recorded. The completed forms should be attached to the ICIS case file under unused material. If a paper copy is uitlised the paper copy should be filed with the case file documents. Any ABP authorised will be in line with the timescales detailed at Section 5.0. Initial ABP authority should be sought from the relevant Custody Inspector. If they are unavailable, authority should be sought from the OIC’s own Inspector. If they are unavailable the Force Custody Silver Inspector should be contacted for authorisation. The ABP is suspended whilst advice is being sought from the CPS and resumes when the CPS returns the file for further work. ICIS will automatically suspend and restart the ABP via a Pre-Charge Decision (PCD) request and response. The OIC must send a PCD request via the Two Way Interface (TWIF) which will suspend the ABP. If the CPS request further work via a PCD response, the ABP period will resume. The ABP period will automatically extend for the amount of time the file was with the CPS. This does not change the suspects bail return date. If further enquiries are required then the OIC has the extended ABP period to complete them and return the case to the CPS or seek authority for an extension. If there is less than seven days left on the ABP when the case is sent to the CPS and further work is requested, the ABP will be extended to seven days for the work to be completed, or an extension granted. On each occasion that bail authorities are requested, the OIC must seek representations from the suspect and their legal representative prior to seeking authorisation of the ABP. When seeking a Superintendents review the OIC must send the suspect or their legal representative Force Form 1187 to invite those representations at least five days prior to the ABP expiry date. Magistrates applications must be sent to them via an email address at least five days before the ABP is due to expire. The email address is due to be supplied by June and this procedure will be updated accordingly. Simultaneously, representations should be requested by sending Force Form 1188 to the suspect’s last known

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address or to their legal representative. This form allows them to note any representations and send them directly to the Magistrate. If the application is made less than five days prior to the end of the ABP, justification for the lateness must be supplied and if the Magistrate deems there to have been insufficient reason, the application will be denied. If there is any sensitive information for the Magistrates to consider for the ABP extension, Force Form 1186 should be completed and forwarded to the Magistrate via the email address provided. Bail Managers, at the request of the OIC, will assist in this process but it remains the responsibility of the OIC to ensure completion. If an ABP is extended by the relevant authority the OIC must inform the Bail Manager to enable the ICIS custody record to be endorsed accordingly. At the conclusion of the investigation, the ICIS custody record must be updated with the appropriate disposal and the suspect informed of the outcome in writing. Upon completion of the investigation, the information in the attached appendices should be used to determine the disposal. Youth Offender Considerations Youth Offending Service (YOS) referrals are subject to the same necessity and proportionality bail criteria.

5.2 Custody Officer When the required evidence is available, the suspect should remain in custody to enable the investigation to be finalised without the use of bail. Where bail is required to enable further investigation, the Custody Officer must ensure the requirement for bail is necessary and proportionate. Once satisfied, they should refer the OIC to an Inspector for authorisation of an ABP. If an ABP is granted, the Custody Officer can bail the suspect to any time on the date of expiry. The Custody Officer has the ability to vary the bail time and date to anytime within the ABP if any of the following criteria apply:

If the suspect is already on bail for another offence enabling the dates to be aligned.

Where the Custody Officer believes that a charging decision could be made before the end of the ABP.

At the Custody Sergeants’ discretion. The Custody Officer is allowed to vary bail as many times as required within an authorised ABP without seeking further authorisation. Custody Officers should make themselves aware of the current Service Level Agreement matrix and guidance notes for forensic issues and should direct OICs to obtain the required ABP authority timescale in line with this. If it is apparent at the start of the investigation that 28 days bail is insufficient, authorisation to extend the ABP can be sought.

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ABP authorisations cannot be passed over; seeking a three month ABP cannot be done without first getting authority for a 28 day ABP.

5.3 Inspector The OIC should provide full details as to why bail is considered necessary and proportionate, the details of which should be entered on the relevant Force Form 1185 by the OIC. This should then be endorsed by the Custody Officer and Inspector. If the inspector is not available to access the form the location of where the authority has been recorded should also be recorded on the form.

5.4 Superintendent When granting the ABP you must consider the following criteria: A. Do you have reasonable grounds for suspecting the person on bail to be guilty of

the offence under investigation? B. Is further investigation needed in any matter concerning the offence under

investigation? C. Is the investigation being conducted diligently and expeditiously? D. Do you have reasonable grounds for believing that further bail is necessary and

proportionate in all the circumstances (with particular regard to any bail conditions)?

6. Associated Documents Detention and Custody Authorised Professional Practice Police and Criminal Evidence Act (PACE) Bail Act 1976

7. Statutory Compliance & Consultation

7.1 Statutory Compliance

7.1.1 Equality Act (2010) In the application of this procedure, GMP will not discriminate against any person on any grounds, including the nine protected characteristics as defined in the Equality Duty, Section 149, and in addition politics, opinion, property, or any other status, defined in the Human Rights Act 1998, Article 14. This document has been considered in the context of the General Equality Duty.

7.1.2 Data Protection Act (1998) This policy has been assessed for data protection compliance issues by the Information Compliance and Records Management Unit.

7.1.3 Freedom of Information Act (2000) This procedure can be released under a FOI request.

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7.2 Consultation

Department Comments

IT Consulted and comments written into the document

Legal Services Consulted and comments written into the document

Press Office Consulted and comments written into the document

OWLD Consulted and comments written into the document

Corporate Communications Consulted and comments written into the document

Judicial Support Consulted and comments written into the document

Witness care Consulted and comments written into the document

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8. Appendices

Key for Appendices A - J

Appendix A – Bail Process for ABP Cases which Expire Whilst File with CPS

Custody Officer Criminal Justice Division OIC HMCTS (HM Courts and Tribunal Service)

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Appendix B – Bail Process for ABP Cases Suspended for CPS Advice

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Appendix C – Bail Process for Cases Suspended for CPS (No Change in Bail Date)

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Appendix D – Bail Process for Complex Cases

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Appendix E - Bail Process for Simple Cases

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Appendix F – Bail Process for Cases Under Investigation (Out of Court Disposal Outcome)

Appendix G – Bail Process for Section 37 (7) to Section 47 (3) Cases

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Appendix H - Bail Process for Youths Under Investigation

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Appendix I - Bail Process for Cases Under Investigation to Prosecution Outcome

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Appendix J – Bail Process for Cases Under Investigation resulting in No Further Action (NFA)