PROCEDURE Street Bail. Number: E 0205 Date Published: 13 July 2011

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1 1.0 About this Procedure This procedure details the process officers must follow concerning the use of the provisions contained within 30A to 30D of Police and Criminal Evidence Act 1984 in relation to Street Bail. These provisions allow for a constable to bail a person after arrest. They also remove the absolute requirement to take an arrested person to a police station. Whilst the legislation has been amended to allow for conditions to be imposed upon 'street bail' this facility is not available within the Essex Police area and officers may not impose conditions on such bail. The key aims of 'street bail' are to: Enable officers to remain on patrol for longer periods raising visibility; Give officers greater flexibility to decide how best to use their time and organise their casework; Remove the need for suspects to be taken to a police station only to be bailed on arrival. 'Street bail' enables a front-line officer to apply their discretion at the point of arrest. When doing so officers must take into consideration: The nature of the offence; The ability to progress the investigation at the police station; Confidence in the suspect answering bail; The ability of the suspect to understand the process. Police officers will ensure that 'street bail' is used fairly, objectively and without bias. 2.0 Risk Assessments/Health and Safety Considerations Before a constable grants a suspect 'street bail' the officer should have for the following risk factors: The impact of the alleged offence upon individuals or the community generally; The likelihood of the suspect committing further offences; The likelihood of harm being done to the suspect if not taken into police detention. If there is any real likelihood of any harm being done to any individual or it is considered that a suspect may commit further offences as a result of the suspect being street bailed, then the officer shall not grant such bail and shall take the suspect to a police station in the normal manner. Page 1 of 6

2 3.0 Procedure 3.1 Factors to be considered in Granting Street Bail The officer on the street must take the following into account before deciding whether to grant 'street bail': What type of offence has been committed? There is no definitive list of offences to which 'street bail' can be granted, it is a matter for the officer's discretion. However, 'street bail' will not be granted in cases where the alleged offence is one involving personal violence, anything more serious than common assault, or serious public order i.e. more serious than Section 5 POA What impact has the offence had? How has the offence impacted upon the victim and any bystanders and what impact has it had upon the suspect? Where it is considered that significant impact has been made upon any of the above it will not be appropriate to grant 'street bail' Would delay in dealing with the offender result in loss of vital evidence? Where it is considered that there is potential to loose evidence should the suspect be released then 'street bail' would not be appropriate. Officers must consider the potential loss of forensic evidence at this stage Is the arrested person capable of understanding what is happening? Suspects who are drunk or otherwise intoxicated and those with perceived mental health problems who therefore may not fully understand what is happening should not be granted 'street bail'. In the case of juveniles consideration should be as to the welfare of the child. 'Street Bail' will not be granted to any person who is incapable of understanding the process. If there are language difficulties the officer should consider using Language Line Is the suspect a juvenile? If so, the officer must consider: Whether there is intelligence to suggest the juvenile faces any risks from a parent, guardian or carer as a consequence of their arrest; Whether the juvenile is estranged from their parents or is running away from care; Page 2 of 6

3 This does not mean that 'street bail' should not be given to juveniles, but officers should be aware of any concerns the juvenile has about their parent s reaction to the arrest Is the suspect likely to commit a further offence? 'Street Bail' will not be granted where the arresting officer considers there are reasonable grounds to believe that the arrested person might continue to commit that or another offence if released Has the arrested person provided a correct name and address? A PNC and local enquiry search will be carried out on all persons subject to street bail in order to establish or verify their identity. If there is any doubt whatsoever as to a suspect's identity street bail will not be used. 3.2 Issuing 'Street Bail Notice' Having considered any relevant factors contained in 3.1 above and decided that the arrested person should be granted 'street bail' the officer should contact the custody suite to which the arrested person is to be bailed to obtain a suitable time and date for the person to surrender to their bail. The bail date should be as soon as practicable. The officer will complete a 'Street Bail Notice' Form A495.and will explain fully to the arrested person the implications of 'street bail' and the responsibilities placed upon them. This is particularly important in case of juveniles or other vulnerable persons. The Street Bail Notice' is a self carbonating form and officers must ensure that they rest on something sufficiently hard to allow Part Two to be legible. Once complete the arrested person will be requested to sign Part One. A refusal to sign the notice will not prevent the officer granting bail to the arrested person to attend the time date and place specified in the notice, nor will it prevent the rearrest of the individual for failing to attend. Part One will be detached and given to the arrested person. The remaining parts of the 'Notice' will be retained by the officer. The arrested person is free to leave, under a duty to attend the nominated police station at the stated date and time. There is nothing to prevent the officer delaying any decision to release the individual on street bail if their presence is required in order to secure and preserve evidence relating to the offence for which they have been arrested. The officer can discontinue the process at any stage and take the arrested person to a police station in the normal manner. Any partially completed 'Street Bail Notice' will be retained and attached to the arrested person's custody record. Page 3 of 6

4 Before completing their duty the officer must attend the relevant custody suite and place the remaining parts of the 'Bail Notice' in the 'Street Bail Register' or a similar process that exists for creating the street bail custody record. Where the person is a juvenile the officer dealing with them will ensure that before completing their tour of duty they will: Contact the parent or guardian and notify them of the arrest and bail implications; Forward a copy of the bail notice by first class post. 3.3 Recording Street Bail on NSPIS Divisional Custody Managers must ensure that there is a process in place to create an NSPIS record from the street bail form as soon as practicable. This will enable the details of the arrest to be recorded on PNC together with the bail information. If the bailee is subsequently arrested for a further offence before answering bail the arresting officer will be aware of the previous arrest and can take the necessary action. It will also mean that a custody record is available when the suspect answers bail. 3.4 Variation of Street Bail Any variation of the requirement to attend as set out in the street bail notice must be authorised by a Custody Officer. A bail variation notice will be completed on NSPIS, printed and posted to the suspect. If the suspect is a juvenile a copy will also be posted to the parent or guardian. 3.5 Cancellation of Street Bail If a supervisor decides that there is insufficient evidence to proceed with a prosecution a bail cancellation notice will be created on NSPIS. A copy of the notice will be printed and posted to the suspect. If the suspect is a juvenile a copy will also be posted to the parent or guardian. Cancelling the bail on NSPIS will automatically create a result of NFA on PNC. 3.6 Surrendering to Bail A person released on 'Street Bail' may be re-arrested for the original offence, if new evidence comes to light justifying their immediate arrest. In some cases it maybe practical to obtain 'pre-charge advice' from the Duty Prosecutor prior to the date the person is due to surrender to their bail. The Officer in the Case will be present in the custody suite when the offender surrenders to bail. The Custody Sergeant will select the appropriate record on NSPIS and open it by using Answer Bail. Page 4 of 6

5 Any person failing to surrender to bail may be arrested, without warrant, by a constable. Officers should be reminded that a failure to surrender is not an offence and any arrest made, must relate to the original offence for which the individual was released on bail. 4.0 Monitoring and Review This procedure will be reviewed by or on behalf of the Head of Criminal Justice Department within 12 months of the date of publication. 5.0 Related Procedures None 6.0 Related Policies None 7.0 Information Sources None Page 5 of 6

6 DIVERSITY ASSESSMENT 1 No 2 No Is there potential for this policy or procedure to have a negative effect on people because of their age, disability, gender, race or nationality, religion or belief, sexual orientation, transgender? Are there an public, staff or political concerns in relation to community or staff relations? 3 No Has the Diversity Unit advised that this policy or procedure needs to be monitored? 4 No Has the Diversity Unit advised that a full Equality Impact Assessment is necessary? 5 No Has the Diversity Unit advised that this policy or procedure needs to undergo external consultation? Page 6 of 6