Release Under Investigation

Kit Malthouse Excerpts

Wednesday 5th February 2020 Westminster Hall

[The Minister for Crime, Policing and the Fire Service (Kit Malthouse)]

It is a great pleasure to appear before you once again, Sir David. I thank the hon. Member for Enfield, Southgate (Bambos Charalambous) for securing this debate. This is an important issue.

I recognise the unanimity for change, as there was unanimity for the introduction of the reforms, as the hon. Member for Sheffield, Heeley (Louise Haigh) said, nary three years ago. As the hon. Member for Hammersmith (Andy Slaughter) said, the reforms pretty much sailed through the House and were welcomed by all Front Benchers. I think our friends the Liberal Democrats, who are not here, included the reforms in their manifesto in 2015. Nevertheless, we recognise the need for change. The Government are committed to ensuring that the police have the powers that they need to protect the public and that our criminal justice system has at its heart the welfare and best interests of victims.

The police often deal with complex and high-harm cases, with more digital evidence than ever before. As part of their investigations, the power to use pre-charge bail is an important tool. It allows the police to maintain contact with individuals under investigation and can support the timely progression of investigations; and conditions can be set to protect victims and witnesses. I should point out that a breach of bail conditions is not in itself a criminal offence. Although it means that people can be re-arrested at the time, they are then more than likely to be re-released on police bail. That might be one of the issues that we have to consider for the future. Whether incidents occur while people are on police bail or under investigation, offences are often committed, such as intimidation of witnesses, in some cases, or harassment. I would urge the police to pursue those as offences in themselves, never mind whether they breach conditions.

As my hon. Friends will be aware, in 2017 the Government reformed the rules on pre-charge bail to address legitimate concerns that suspects were spending too long under restrictive conditions with no oversight or redress. That included the ability to release individuals without bail conditions, or release under investigation, while inquiries continued. Reforms also introduced time limits, judicial oversight, and a presumption against the use of pre-charge bail. Importantly, those reforms maintained the police’s ability to use pre-charge bail when necessary and proportionate. It is important to stress that the police can still use pre-charge bail, and they should have our full support in doing so.

Since the reforms came into force, we have seen the use of pre-charge bail fall significantly, mirroring an increase in the number of individuals on RUI. Through conversations with partners across the criminal justice system, we have become aware of concerns that bail is not always being used when appropriate, including to prevent individuals from committing an offence while on bail or interfering with witnesses. There have also been concerns that individuals released under investigation are now under investigation for longer, with the negative impacts on victims, witnesses and those subject to police inquiries that many hon. Members have outlined.

We have listened to those concerns and decided to act. On 5 November, as a number of hon. Members mentioned, we announced a review of pre-charge bail to ensure that we have a system that prioritises victims and supports the police, while also respecting the rights of suspects. As part of that review, we have today launched a consultation, and my right hon. Friend the Home Secretary made a written ministerial statement with four proposals.

First, we would remove the presumption against the use of pre-charge bail. Secondly, we would ensure that bail was used when necessary and proportionate, including cases where there are risks to victims, witnesses and the public, as well as where the offences in question had significant real or intended impacts. Thirdly, we would extend the timescales for initial use of bail from 28 days to either 60 or 90 days, to more accurately reflect the timescales for complex cases. Fourthly, we would apply review periods to cases where individuals are not subject to bail, such as RUI, or where they are not arrested.

We believe those proposals will strengthen and encourage the proper use of pre-charge bail, help to prioritise the safeguarding of victims and witnesses, and support the police. Importantly, we hope that they will also support more effective investigations, regardless of whether bail is used. Our consultation will close on 29 April, and we will prioritise talking to victims and victims’ groups about their experiences, as well as hearing from those who may have been RUI. I will be happy to place the record of this debate as the first contribution to that consultation, to which hon. Members are welcome to make submissions on our website.

However, as the hon. Member for Sheffield, Heeley said, addressing concerns about RUI and bail is only one part of the solution. We in Government have a duty to cut crime, bear down on the worst criminals and have a system that works for the law-abiding majority, which is why we have pledged to recruit 20,000 additional police officers and to increase funding for the Crown Prosecution Service.

The upcoming royal commission on criminal justice will undertake a comprehensive review of the system and deliver practical recommendations that can make a genuine impact. The domestic abuse Bill will return to Parliament before Easter and is set to transform the lives of survivors, and the ongoing rape review is looking at the criminal justice response to rape—from the police report to the outcome in court—to identify issues where they exist, so that we can improve our response.

I am very grateful to hon. Members for their contributions. I hope that they will make longer and more considered contributions to the consultation, because we are determined to get this right. Everybody who was in the House when the Policing and Crime Act 2017 was passed—the hon. Lady and I were new Members then—may now admit that, sadly, it has had unintended consequences. We are duty-bound to try to correct that, and we hope and believe that, following the consultation, we will be able to do so in the upcoming police powers and protections Bill, which we hope to introduce later this year.