Question to the Home Office:

To ask the Secretary of State for the Home Department, under what circumstances an individual arrested for murder is (a) held in custody and (b) released on police bail.

A suspect arrested on suspicion of murder may be held in custody before charge where the custody officer a) is determining whether he has before him sufficient evidence to charge them with the offence for which he was arrested and b) has reasonable grounds for believing that the suspect’s detention is necessary to obtain evidence (for example, witness statements, interview, or medical examination) (PACE section 37). There are statutory limits on the time for which suspects can be held in custody without charge (section 41).

A suspect arrested, including on suspicion of murder, may be released within the authorised detention period on conditional or unconditional police bail, pre-charge, a) where there is as yet insufficient evidence to charge a suspect and they are released pending further investigation and b) where the police consider that there is sufficient evidence to charge, but the matter must be referred to the CPS for a charging decision (PACE section 35 and section 37).

Preconditions for police bail include the need to prevent offending by the suspect, the need to safeguard victims of crime and witnesses, the need to manage risks to the public and the need to secure the suspect’s surrender to custody (PACE section 50A). Where the individual’s release is required and no pre-conditions for bail are met, they must be released under investigation or subject to no further action (section 37).

Where a murder suspect is to be released on pre-charge bail, police should seek the views of close family members of the alleged victim, if it is reasonably practicable to do so, when deciding whether the suspect should be released on bail, and if so whether and what conditions should be imposed (section 47ZZA).

Under the Police and Criminal Evidence Act 1984 (PACE) and the Criminal Justice and Public Order Act 1994 (CJPOA 1994), suspects who have been charged with murder are not eligible for police bail pending appearance at court for that offence unless exceptional circumstances apply (PACE section 38(1)(c) and section 25 CJPOA 1994). They must be kept in police custody and brought before a court not later, in most cases, than the first sitting after they are charged with the offence (section 46).

The rules and procedures relating to police bail are governed by PACE and the Bail Act 1976.