Policing and Crime Bill

Baroness Harris of Richmond Excerpts

Report: 1st sitting: House of Lords
Wednesday 30th November 2016 Lords Chamber

Moved by

[Baroness Harris of Richmond]

108A: Clause 61, page 77, line 34, leave out “of 28 days” and insert “specified by a police officer of the rank of inspector or above (and not exceeding 28 days), ”

[Baroness Harris of Richmond (LD)]

My Lords, before I move my amendments, some of which are also in the name of the noble Lord, Lord Blair, I remind your Lordships of my policing interests, which are addressed in the register. Through these amendments —108A, 108B, 109, 112A, 112B, 113, 113A, 113B and 114—which all address the same issue, I seek to encourage the Government to accept the arguments put forward in Committee to extend the time limit for the duration of bail from 28 days to not exceeding 56 days.

The Police Superintendents’ Association of England and Wales, through its vice-president, Chief Super- intendent Paul Griffiths, has persuaded me that its professional opinion and that of the College of Policing and, without doubt, the academic work undertaken by professors Hucklesby and Zander, ought properly to be taken into account in this matter. Notwithstanding the helpful, but discouraging, letter from the Minister, for which I thank her, I believe that their concerns are rather more convincing than those of a senior civil servant in her department, however well intentioned.

--- Later in debate ---

[Baroness Williams of Trafford]

The noble Lord makes a very good point, and there are in fact other reasons outside the police’s control why 28 days might prove difficult. It is for that reason that we will not only keep it under review but look at any blockages to the 28 days being fulfilled that are outside the police’s control.

[Baroness Harris of Richmond]

My Lords, I thank the Minister for her response and all noble Lords who spoke in support of the amendments. I guarantee to the Government that the exercise of this will be far more burdensome than they expect and that we will come back to this. These ideas will haunt the Government, because—

[Baroness Williams of Trafford]

My Lords, may I be completely rude and intervene on the noble Baroness? I completely forgot to speak to government Amendment 116. Will she indulge me, while I outline that amendment very briefly?

Amendment 116 responds to a point raised by my noble friend Lord Marlesford in Committee, and to which the noble Lord, Lord Kennedy, alluded, when he argued that written notification should be given in all cases where the police decide to take no further action. Amendment 116 complements Clauses 65 and 66, ensuring that notification of a decision to take no further action is always given, whatever the circumstances of a case. I commend the government amendment to the House and apologise for interrupting the noble Baroness.

[Baroness Harris of Richmond]

My Lords, it is quite all right.

I want to take up the point made by the noble Lord, Lord Blair. Have the Government taken into account what will happen if the 28-day period falls over Diwali, Christmas Day, Easter Sunday, the Sabbath, Ramadan, Eid or other religious festivals? This will cause real concern as there is no flexibility to respect these dates.

What about medical appointments, pre-arranged holidays, job interviews, caring responsibilities, academic examinations, funerals? The list is endless. There may be a case for a breach of human rights; certainly it could cause a corrosive relationship between the police and the public because of the length of time and the lack of flexibility. I hope that the Government will look again very closely at what many noble Lords have been proposing. At this stage there does not seem much point in dividing the House, so I beg leave to withdraw the amendment.

Amendment 108A withdrawn.