Release Under Investigation

Debate between Bambos Charalambous and John Howell

Wednesday 5th February 2020 Westminster Hall

[Bambos Charalambous (Enfield, Southgate) (Lab)]

I beg to move,

That this House has considered the use of release under investigation.

It is a pleasure to serve under your chairmanship, Sir David. I am grateful to all Members who have come along to this debate about a dangerous situation that has arisen in our justice system—a situation that poses a threat to both victims of crime and those who stand accused of committing them. I speak, of course, about the use of release under investigation.

It is ironic that a lot of attention has been paid recently to the dangers of early release; release under investigation poses at least as many questions, if not more, but it has received far less attention from the Government and the media. Unintended consequences and austerity have combined to create a dire situation. Rather than helping serve justice, RUI hinders justice and puts victims of crime in danger. It is creating a situation in which justice delayed is becoming justice denied. However, there are some straightforward solutions, and I will be interested to hear the Minister’s response and reaction to them. I will start by explaining the current use of release under investigation and outlining the problems surrounding it for victims and suspects. I will then outline suggestions by the Law Society and the Bar Council for improvements in the system.

The first important point to make is that being released under investigation is different from being released on police bail. When a person is released on bail, they are subject to certain conditions. For instance, they may be required to live at a particular address, not to contact certain people, to give in their passport so they cannot leave the UK, or to report to a police station at an agreed time—perhaps once a week. With release under investigation, the situation is dramatically different. The accused is released with no time limit—it could be for weeks, months or years—and is not subject to any conditions at all. That means the accused is free to contact anyone, including their alleged victim, and to go anywhere, including leaving the UK. It also means that those who are falsely accused can be left in a state of limbo for years, not knowing whether they will stand trial.

[John Howell (Henley) (Con)]

I am listening intently to the hon. Gentleman. In the Thames valley, the number of people on police bail dropped to 379 in 2018, while the number on RUI increased to more than 11,000. Police bail just is not being followed. Does he share my concerns about that?

[Bambos Charalambous]

The hon. Gentleman is absolutely right. I will come to that point later. The use of police bail has dropped dramatically, and the use of RUI has increased exponentially. That is partly because police bail is out of date, but I will come to that.

As I said, justice delayed becomes justice denied. Before we consider all the implications of those stark facts, let me draw attention to the huge increase in the use of release under investigation. All evidence suggests that the use of RUI has expanded massively since changes to bail introduced by the Policing and Crime Act 2017. In London, for instance, 67,838 people were released on bail in 2016-17. In 2017-18, that number fell to 9,881, yet the number of people released under investigation in the same period was 46,674. That indicates that RUI is being used to replace bail. The checks and balances of the bail system are being swept away by a system that has neither.

The picture is incomplete, because only 20 of the 44 police forces in England and Wales have released data on RUI. However, despite the patchy data, a clear pattern emerges. For instance, in Nottinghamshire, the Thames valley and Cheshire, as in London, the number of people on bail has plummeted, while the number released under investigation has skyrocketed. Worryingly, the Bar Council estimates that the number of offenders suspected of violence against people or of sex offences who are released under investigation has risen from 1,300 in 2016 to 27,000.