AuthorTCI Craig Nolan

LEAD OFFICERT/ACC Ian WATERFIELD

DATE: June 2013

VERSION: 1.0

CONTENTS PAGE

  1. History
  2. Purpose
  3. Background
  4. Terms of reference
  5. Results overview
  6. Summary
  7. Recommendations

  1. History

In recent weeks the media have been highlighting the lack of progress in reviewing the use of pre charge bail and the Criminal Defence haveput pressure on the Government to set a statutory time limit. Their suggestion is 28 days; the Home Office have been considering the potential for a six month statutory time limit or the potential for Judicial Oversight from the six month stage.

In order to fulfil the ministerial commitment that was made 2 years agothe College of Policing will be asked to conduct a review of the use of pre-charge bail and make recommendations aboutsteps that could be taken to ensure it is used in a timely and effective manner.

2. Purpose

This locally commissioned review will help set the terms of reference for this wider piece of work and help shape the national review so that it meets the Minister's needs and supports operational policing. There is a risk that if the review is not carried out the eventual outcomes for bail may be dictated through external influence.

3. Background

34 Forces responded to FOI's from Radio 5 live (Appendix A) which highlights a number of forces who had information, which could provide relevant information for an initial review.

This review was led by T/ACC Ian Waterfield and supported by;

  • DCI Simon Firth
  • DCI Caroline Racher
  • DCI Rob Severn

Having reviewed the FOI data 6 forces were identified nationally as being key as they presented a balanced view of both apparent positive and negative performance around the issues of bail.

4.Terms of reference

The review set out to identify the drivers for the use of pre charge bail, the factors which affect the length of time a person may spend on bail before a final decision on disposal is made.

The review also set out to identify areas of good practice around the management of bail and common themes which may affect individual performance in the management of bail.

The terms of reference were to identify;

  • Blockages to dealing with detained persons at the first point of detention
  • Drivers for bail
  • Drivers for extended periods of bail
  • Bailing Foreign nationals
  • IT systems and solutions
  • Partnership interventions (CPS, YOT etc)
  • Total numbers in custody, % on bail, % fail to attend)
  • Performance management

5 Results overview

Detailed force results can be found at Appendix A, the key findings for each force are detailed below. Data provision from the forces who participated was very patchy, and as such there should be some caution around the national data published as a result of the FOI requests which has to some extent driven the work around bail.

(i)Force A

The key blockages to preventing individuals being dealt with at the first point of arrest

1What are the drivers for extended periods of bail?

  • Force A reports delays around Forensic submissions, downloading of mobile phones and computers are those most frequently encountered.
  • They also state that officers seek advice from CPS at an early stage and are set considerable action plans by them to ready the investigation to charge.
  • The reason for issuing bail with or without conditions is a carefully considered one and the Custody sergeant will always justify the logic for implementing such on the Detention Log.
  • Custody officers will impose conditions to prevent re-offending, ensure surrender, and for safeguarding reasons.
  • Conditional bail is not stringently policed. If the matter is deemed so close to the Threshold Test the OIC will leave a copy of the file at the Custody Suite should the suspect be arrested, a review of the file and the Threshold Test will be conducted.
  • Otherwise breach of police bail conditions will be used as an intelligence tool to raise the profile of the suspect, or used as a support mechanism for remand at a later date.

2.Blockages

  • As a rough estimate the Custody sergeant will facilitate the request for pre-charged conditions 90% of the time.
  • The Custody Sergeant infrequently encounters representations from the defence solicitors regarding the conditions. Where such are raised a compromise will besought or the conditions remain.
  • It is estimated that only once a month suspects attend the Magistrates Court to alter their conditions as no compromise could be made. These submissions tend to be Domestic/family related issues of access etc.
  • The use of pre-charge bail conditions and bail as a whole is supported by the force.

3. Bailing Foreign Nationals

  • The conditions of bail depend upon the severity of the offence. Where appropriate the suspect will be required to surrender their passport as part of the condition.
  • No conditions of bail are expressly granted to foreign nationals more than others unless the severity of the offence or likely flight risk exists.

4.IT Systems and Solutions

  • Computer systems similar to NSPIS in place.
  • The percentage of persons who fail to answer police bail is reviewed weekly, and e-mails sent to officers requesting an update as to the state of investigation.
  • The percentage of person on bail is reviewed every 3 months.
  • Those persons who have been on bail for more than 90 days are flagged up on a system similar to the DPR. The respective OIC is then asked to review and explain the necessity for such.

5.Partnership Interventions

  • The Custody Staff receive little in delay regarding bail from the YOT. Indeed they stated that YOT were very efficient regarding suspect management of bail.
  • CPS are a considerable cause of delay in suspect disposal as officers frequently receive lengthy Action Plans from them prior to any disposal.
  • CPS have no input regarding the imposing of conditional bail.

6.Attrition rate/Total numbers in Custody/Failing to surrender

  • They state that just over 50% of those that are granted bail of any description are subject to charge or other disposal.
  • Officers act in a proactive manner and arrest suspects as a result of intelligence. They have ‘Target Teams’ that arrest those offenders that are deemed so serious or active upon the divisional performance.
  • These suspects as well as a large number of DV suspects account for the vast majority of those that are not subject to a positive disposal.
  • At the main Custody Suite they have approximately 20 active persons who have failed to answer Police Bail over a 12 month period.
  • The same custody suite processes 10 and 11,000 suspects per year they have 320 persons on bail for the same 12 month period.
  • These figures are from a total of between 10 and 11,000 suspects that are processed by the Custody Suite per year.
  • When asked regarding Voluntary Attendance they stated that they have begun to use this more frequently particularly around any offences of an historic nature.
  • They estimate that approximately 2000 persons will be dealt with in this manner over a 12 month period.
  • They have specifically allocated VA suites separate from the main Custody block for officers to use.

(ii) Force B

  1. What are the drivers for extended periods of bail?
  • At all costs extended bail will be avoided. Officers are encouraged to deal with the suspect during one period of detention. Extensions are used as frequently as will allow.
  • Prisoner Handling Teams are sufficiently staffed and within such teams there are persons trained in the use of Mobile Phone Interrogation, CCTV operation amongst other things.
  • Bail will be granted where necessary however, the question will be asked why the completion of the investigation was not possible during the previous 36 hours.
  • Promat is used to capture offenders instantly and ID issues are expected to be completed within 36 hours.

2. Blockages

  • It is recognised that the more serious enquiries will lead to bail however; extended bail will seek to be avoided as the processes already in the organisation should allow the officer to sufficiently complete the investigation.
  • Such is the wish not to bail people that on the first occasion of bail, the authority will be provided by an Inspector, the second a CI, and the third a Supt.
  • Furthermore, each area has its own Bail Managers who speak with the OIC during the course of an investigation to ensure that the investigation can be finalised come bail return date.
  1. Bailing Foreign Nationals
  • The conditions of bail depend upon the severity of the offence.

No conditions of bail are expressly granted to foreign nationals more than others unless the severity of the offence or likely flight risk exists.

4. IT Systems and Solutions

  • A system called ‘Niche’ is used in all aspects of Custody Management. This is a system that communicates with others in the organisation saving time through duplication.
  • This system has also led to paperless files within the Magistrates Courts. Allowing officers to send files direct to CPS also.

The Force is looking to extend this system further through to the Crown Court system.

5. Partnership Interventions

  • The Custody Staff receive little in delay regarding bail from the YOT. Indeed YOT are in-line with the Force’s objectives around bail and the desire not to bail for extended periods of time.
  • Because of the reasons above where OIC’s can communicate more efficiently and directly with CPS there are fewer delays.

.

(iii)Force C

1. What are the drivers for extended periods of bail and any blockages?

  • Bail is managed in custody through the Custody and Team Sergeants. The OIC of a case develops the case and agrees the minimum appropriate period of time to complete the necessary enquiries with his/her team Sergeant before speaking to the Custody Sergeant to arrange a suitable bail date on or after the completion of the period identified. Therefore, cases with minimal enquiries and a CPS decision will attract a far shorter initial bail period than cases that depend on forensic evidence results. Once a detainee is released on bail the OIC pursues the investigation and provides an update in relation to the anticipated outcome no later than 3 days prior to the detainee responding to bail.
  • Bail performance is only measured on the actual result following the response to bail to provide the most accurate reflection of the bail decision or outcome.
  • Each month the bail outcome is recorded for all Area Commands, Crime and Operations Departments and a report is then published to each site highlighting the percentage of suspects who were re-bailed and case references for analysis.
  • Despite the efforts to provide a realistic initial bail date the incidence of re-bails has been highlighted as a performance concern for the Force and discussed at Senior Management Board monthly meetings.
  • The force has set an ambitious target to reduce the number of re-bails from 41.2% to 36%.
  • In relation to pre-charge bail conditions these are considered but rarely used.
  • As the vast majority of bail cases are to facilitate the completion of enquiries there is little benefit in applying the bail conditions, which in many cases would be employed to protect potential witnesses. Any breach would more than likely reveal a more serious substantive offence, where the breach would attract no further action and the substantive offence would be pursued. It is recognised the breach of conditions provides a power or arrest, however so would the likely offences committed by the breach. Keeping details of such cases becomes an administrative and bureaucratic nightmare for very little gain.
  • Occasions do occur where it is appropriate to use pre-charge conditions and such cases have generated few issues. Solicitors / Legal Representatives may make some representations that will be appropriately considered and either discounted or will result in some amendment; however I am not aware of any subsequent legal challenges.

2. Blockages

Analysis of cases in Force C tends to show 3 key reasons for re-bailing of cases:

i)Predominantly issues relating to the establishment of forensic, CCTVand phone or computer analysis evidence.

ii)Further work to develop a case following CPS Advice or alate decision.

iii)General supervision and the monitoring of work progression

3. Bailing Foreign Nationals

  • In many ways foreign nationals are dealt with no differently to anyone else. Consideration is given to the severity of the offence and key issues surround establishing the detainee's correct identity and ensuring the address provided is correct.
  • Where appropriate pre charge conditions will be applied as they would in any other case, but in relation to foreign nationals where flight is considered a risk this is likely to include the surrender of their passport, but again this would be the same for British nationals too.

(iv)Force D

1. What are the drivers for extended periods of bail?

  • As in common with many other forces the main drivers re extended periods of bail are around the time taken for the examination of Phones and Computers and in addition results from forensic examinations.
  • Pre charge conditional bail is not widely used in Force D as the emphasis is on maximising the 24/36hr clock and charging and remanding where possible
  • Have a dedicated Bail Sgt (we used to have 2) to manage bail in 3 custody suites. The workload is a bit much for one person to really stay on top of things especially when we abstract them for custody cover a lot of the time.
  • There is a policy that is still fairly well adhered too that the OIC and Custody PS will set the initial bail period, being realistic as to the enquiries to be completed. Should a re-bail be necessary this must be authorised by an Inspector and any further re-bails by a Ch. Inspector. Although not rigorously applied in every case it does seem to concentrate people’s minds on their enquiries.
  • Area DCI’s receive a monthly list of all suspects on bail and the OIC dealing. This has reduced the number of outstanding bails down to around 800 at any one time; as I’m sure you’ll appreciate DCI’s don’t like to see detections going to waste!
  1. Blockages
  • Pre charge bail is not a huge issue as it is rarely asked for, the presumption is that bail will not be granted during the 24hr clock if the enquires can reasonably be done, any disputes are settled by the PACE Inspector(24hr) or OCI(Shift Inspector).

3. Bailing of Foreign Nationals

  • In many ways foreign nationals are dealt with no differently to anyone else. Consideration is given to the severity of the offence and key issues surround establishing the detainee's correct identity and ensuring the address provided is correct.
  • Where appropriate pre charge conditions will be applied as they would in any other case, but in relation to foreign nationals where flight is considered a risk this is likely to include the surrender of their passport, but again this would be the same for British nationals too

4. IT Systems and Solutions

  • A system called ‘Niche’ is used in all aspects of Custody Management. This is a system that communicates with others in the organisation saving time through duplication
  • The Bail Sergeant has their own bail tracker spreadsheet by which to track those on bail through to outcome.
  1. Partnership Interventions
  • No real issues and blockages were reported

(v)Force E

1. What are the drivers for extended periods of bail?

  • The delays around Forensic submissions, downloading of mobile phones and computers are those most frequently encountered.
  • Officers are encouraged to deal with the suspect during one period of detention; there is an ethos of dealing with investigations and detained persons as quickly as is possible.
  • The force has no specific bail management process but expects that performance management is conducted at the first line supervisor level.

(vi)Force F

  1. What are the drivers for extended periods of bail?
  • The delays around Forensic submissions, downloading of mobile phones and computers are those most frequently encountered. However there is also a significant delay in the provision of medical statements from medical practitioners. Local CPS charging guidelines indicate a reluctance to charge without the evidence in statement form following an injury.
  • The reason for issuing bail with or without conditions is a carefully considered one and the Custody sergeant will normally justify the logic for implementing such on the Detention Log.
  • Custody officers will impose conditions to prevent re-offending, ensure surrender, and for safeguarding reasons.
  • Conditional bail is stringently policed; it forms part of the embedded principals of driving performance and addressing offending behaviour.
  • Otherwise breach of police bail conditions will be used as an intelligence tool to raise the profile of the suspect, or used as a support mechanism for remand at a later date.
  1. Blockages
  1. As a rough estimate the Custody sergeant will facilitate the request for pre-charged conditions 70% of the time.
  1. The Custody Sergeant infrequently encounters representations from the defence solicitors regarding the conditions. Where such are raised a compromise will besought or the conditions remain.
  1. It is estimated that only once a month suspects attend the Magistrates Court to alter their conditions as no compromise could be made. These submissions tend to be Domestic/family related issues of access etc.
  1. The use of pre-charge bail conditions and bail as a whole is supported by the force
  1. Bailing Foreign Nationals
  1. The conditions of bail depend upon the severity of the offence. Where appropriate the suspect will be required to surrender their passport as part of the condition.
  1. No conditions of bail are expressly granted to foreign nationals more than others unless the severity of the offence or likely flight risk exists.
  1. IT Systems and Solutions
  1. The force uses the NSPIS system which is nearing the end of its useful life.
  1. The percentage of persons who fail to answer police bail is reviewed but the process around managing those who do not turn up is weak.
  1. The percentage of person bailed from custody facilities does form part of the force weekly performance overview
  1. Partnership Interventions
  1. The Custody Staff receive little in delay regarding bail from the YOT. Indeed they stated that YOT were very efficient regarding suspect management of bail.
  1. CPS are a considerable cause of delay in suspect disposal as officers frequently have to wait significant lengths of time for charging decisions, particularly in relation to serious sexual offences
  1. Attrition rate/Total numbers in Custody/Failing to surrender
  1. Just over 50% of those that are granted bail of any description are subject to charge or other disposal.
  1. Officers act in a proactive manner and arrest suspects as a result of intelligenceto arrest those offenders that are deemed so serious or active upon the divisional performance.
  1. These suspects as well as a large number of DV suspects account for the vast majority of those that are not subject to a positive disposal.
  1. Force F have an extensive array of Voluntary Attendance suites separate from custody facilities, which negates the need to arrest and take into custody they have begun to use this more frequently particularly around any offences of an historic/ minor nature.

6Summary