Police Detention

Mark Reckless Excerpts

Thursday 30th June 2011 Commons Chamber

[Nick Herbert]

I am grateful to the right hon. Gentleman for his support for introducing emergency legislation, and we will, of course, discuss that as fully as possible with him and with the shadow Secretary of State, as that is the right way to proceed. The Metropolitan police has issued interim guidance on the basis of the judgment, and that is available to other forces. However, we will have further discussions with ACPO about what the appropriate guidance should be for all forces in this interim period, so that it is consistent with our and their obligation to comply with the law as now stated by the High Court. We will do everything possible to mitigate the impact of the judgment, because we want to ensure that the police are not impeded in going about their business and in dealing with criminals.

[Mark Reckless (Rochester and Strood) (Con)]

Will my right hon. Friend reflect on the relative roles of himself, Home Office officials and ACPO in respect of the advice just given to the House, and will he agree to publish the legal advice that has been provided—through ACPO in this instance, it appears? Will he also reflect on the development in the use of police bail over the past 25 years? Clearly, it has been accepted practice, but is there any evidence of a trend of suspects being put on police bail often for many months, or even years, when the police might instead be taking a more expeditious approach to their cases?

[Nick Herbert]

I am not aware of any such trend, nor am I aware of any concern in this House, or more widely, that gave rise to the decision. The judge’s decision in this instance was based on the narrow case that was before the court. So far as I am aware, there has not been any wider debate suggesting concern about the way police bail has been operated over the past 25 years. That is why we feel that it is appropriate to introduce emergency legislation. I doubt that it would be proper for ACPO to publish its legal advice, which it has received from two Queen’s counsels, but I can confirm that ACPO has written to the Home Secretary to confirm its view that emergency legislation is required. It has given a summary of counsels’ advice, which was given to it since 23 June, and that summary was sufficient to persuade it and us that it is necessary to move forward in the way I have suggested.