Police (Detention and Bail) Bill

Debate between Baroness Fullbrook and Mel Stride

Thursday 7th July 2011 Commons Chamber

[Lorraine Fullbrook (South Ribble) (Con)]

I am delighted to have caught your eye for a second time in the past hour, Mr Deputy Speaker.

We are debating this emergency legislation today because accepted police practice of more than a quarter of a century has been challenged. The legislation is not only vital, but urgent for maintaining the ability of our police forces across the country to do their job of catching criminals and protecting the public they serve. The ruling by High Court judge Mr Justice McCombe on 17 June—that time spent on police bail over any period should count towards the maximum 96-hour limit for pre-charge detention—has destabilised our police and the very heart of our criminal justice system. In the words of the chief constable of West Yorkshire police, this has left officers

“running around like headless chickens...wondering what this means to the nature of justice.”

As a Member of the Home Affairs Committee, I was fortunate to hear from some of the most senior police officers in the country about the negative effects that this ruling has on the police and the criminal justice system. A staggering 80,000 people in pre-charge bail cases would be affected by the ruling. In Lancashire, where my constituency is, 2,227 suspects would be affected on pre-charge bail. This Tuesday the Committee heard from Steve Bloomfield, a Metropolitan police commander and the lead in the fallout of this case, and Jim Barker-McCardle, the chief constable of Essex police and the ACPO lead in this area. These professionals, who are truly eminent in their field, outlined the detrimental effects of suspects who would normally be released on bail being detained for longer. They were asked whether the police would have sufficient cell capacity as a consequence of the judgment. Chief Constable Barker-McCardle said that they would have the capacity in the short term—for the next few weeks—but that over a period of months they would cope but with some difficulty.

[Mel Stride (Central Devon) (Con)]

On that point, does my hon. Friend also accept that in the case of mass demonstrations and the arrests that accompany them, it is often physically impossible to detain everyone necessary?

[Lorraine Fullbrook]

My hon. Friend is absolutely right that the fallout from the judgment would be exacerbated by mass arrests resulting from public order incidents. Without this urgent and necessary legislation, we will need more cells than we currently have. Otherwise, suspected criminals will be set free until they commit a further crime. As my hon. Friend has said, the fallout from mass arrests as a result of public order incidents would increase.

This judgment also puts victims of crime and the general public at greater risk. Chief Constable Barker-McCardle was asked by the Home Affairs Committee whether this was an issue of public safety, to which he responded that it undoubtedly was. He said, “unhesitatingly, unqualified –yes”.

I was astounded to hear that under the judgment a situation could arise in which a perpetrator of domestic violence would be perfectly able to revisit the home of the initial crime, breaching a bail order, and the police would not be allowed to detain such a person for the breach unless a new offence was committed. Under these circumstances, the perpetrator cannot be detained until a further violent incident occurs. We have a responsibility to victims of domestic violence to ensure that this madness is not allowed to continue and that we allow the police to do their job and protect the public from crime.

I am glad that the Bill is retrospective, which will prevent people taking action in the courts. The judgment prevents the police from doing their job and puts victims at greater risk. I am delighted that the Government have introduced the Bill so speedily and with such urgency. I am sure that it will be supported by Members on both sides of the House.

The judgment by Mr Justice McCombe has upset the balance in our criminal justice system. For 25 years the police have been relied upon to catch criminals and we entrust the courts to ensure that justice is served. This emergency legislation redresses that balance by giving the police the assurance that they can continue to operate in the way they have for many years—protecting the public. I am sure that the House will give the police that assurance today by passing the bill, which is essential to put things right.