What is the Chief Constable’s assessment of the effectiveness and enforcement of police bail?
Bail is granted where police are not in a position to charge or report, for example where there is outstanding evidence, or where a person has been charged to appear at court within 28 days of being charged.
PSNI recognises that the granting of police bail and the attendant imposition of any bail conditions has consequences for investigations, victims of crime, the wider public and the accused. Investigating officers are expected to conduct their enquiries expeditiously for the benefit of all concerned.
The law relating to bail applications is governed by Article 5 of the European Convention on Human Rights. The basic principle contained within Article 5 is that an accused must be released pending any trial unless the prosecuting authorities can show there are “relevant and sufficient” reasons to justify the continued detention, commonly known as the presumption in favour of bail.
Where bail is being considered, officers also have a number of other legislative requirements to comply with under the Police and Criminal Evidence (NI) Order 1989 in addition to internal PSNI Service Instructions. This ensures a proportionate use of bail (recognising that it places potential restrictions on the accused’s family and private life) and where the period of bail is extended, this is subject to review at Inspector level.
Where a person is released on police bail, the management of that person during their period of bail is determined by the bail conditions imposed and the risk posed by that person. Such risk is assessed in light of a number of factors including the type of offence alleged, the likelihood of any conditions being breached, victim vulnerability, potential community tensions and public confidence in the police service.
Those conditions are monitored reactively and where there is any suggestion that a condition has been breached this will normally result in an officer being assigned to investigate that breach.
Where a person breaches pre-charge bail they are normally arrested and consideration is given to charging with the offence for which they are on bail. Where this is not possible, a decision will be made by the Custody Sergeant whether to impose additional bail conditions. Arrest should occur where the offence or the breach relates to serious harm or a vulnerable person. In all cases, details of the breach are forwarded to the officer in charge of the case which can then be raised in court to support an application for court bail conditions.
When a breach of post-charge bail is detected the accused can be arrested and taken to the next available court.
Police bail is, and will continue to be, an effective investigative tool to minimise the amount of time a person remains in custody whilst an investigation is conducted. In addition it provides a mechanism to put restrictions in place to protect victims of crime and other vulnerable people and to ensure that the suspect complies with the judicial process
Joanne Bunting - DUP