Draft Policing and Crime Act 2017 (Consequential Amendments) Regulations 2018

Louise Haigh Excerpts

Tuesday 6th February 2018 General Committees

[Louise Haigh (Sheffield, Heeley) (Lab)]

The Committee will be pleased to hear that I do not intend to speak for the full remaining hour and a half. Like the Minister, I do not even intend to address all of the draft regulations, even on this day of the centenary of women’s suffrage. I was pleased to see my hon. Friend the Member for Bristol East arrive; I was worried I would be the token woman serving on the Committee.

I want particularly to address the issues around the regulatory amendment to the Contempt of Court Act 1981 and the reform of the pre-charge bail system. The Opposition are very happy to support the draft regulations, but there are some concerns about the implementation of these reforms. As the Minister said, as a consequence of the Policing and Crime Act 2017, rather than being bailed, a large proportion of defendants are now released under investigation, which has already begun to raise a number of issues in practice.

First, unlike what the regulations intend, there is no clarity or timescale whatsoever for the suspects as regards their investigation, leaving them in limbo and with that investigation stretching ahead of them. Suspects are now unaware of when it is safe to assume that they are no longer under investigation, or indeed whether they are likely to face further police involvement if they contact someone connected with the allegation, despite there being no bail conditions preventing them from doing so.

Furthermore, many elements of police investigations can take substantially longer than 28 days, such as the examination of electronic devices, as we have seen recently with the issues around police disclosure. That means that the police will still investigate the matter as normal, but a suspect is no longer required to return to a police station to formally answer their bail. However, without that impending bail appointment, it is possible that investigations will take even longer to conclude, as the police no longer have fixed deadlines by which to provide updates. I know personally of several cases where suspects have waited for months for investigations into the most minor offences with no clarity about their investigation. The legislation is therefore having the opposite effect of its intended laudable consequences.

Concerns have also been raised about the consequent costs for policing and the court system as a whole. The evidence appears to suggest that releases under investigation have simply replaced bail with a fall of 26% of suspects bailed last March down to 4% in the three months that followed, while releases under investigation rose to 25% in the same period. Will the Minister review the figures and consider whether the new system has achieved its intended outcome, as it has been in place for almost a year? As I say, the Opposition are happy to support the regulations.