Derbyshire Constabulary STREET BAIL GUIDANCE POLICY REFERENCE 05/005. This guidance is suitable for Public Disclosure

Transcription

1 Derbyshire Constabulary STREET BAIL GUIDANCE POLICY REFERENCE 05/005 This guidance is suitable for Public Disclosure Owner of Doc: Head of Department, Corporate Services Date Approved: December 2005 Review Date: October

2 INDEX Heading Page No 1. Guidance Identification Page Legislative Compliance Introduction Procedures Monitoring and Review Appeals Appendices

3 1. Guidance Identification Page Guidance title: Street Bail Guidance Registry Reference number: 05/005 Guidance implementation date: December 2005 Guidance Review date: October 2016 Department / Division responsible: Guidance owner: Corporate Services Head of Department Impacts on other policies / guidance / documents (list): Date last reviewed: October 2014 None Security Classification: Disclosable under FOI Act: YES Guidance to be published on Intranet YES Guidance to be published on Force Website YES Guidance disclosable to public via FOI request YES 3

4 2. Legislative Compliance This document has been drafted to comply with the principles of the Human Rights Act. Proportionality has been identified as the key to Human Rights compliance, this means striking a fair balance between the rights of the individual and those of the rest of the community. There must be a reasonable relationship between the aim to be achieved and the means used. Equality and Diversity issues have also been considered to ensure compliance with the Equality Act 2010 and meet our legal obligation in relation to the equality duty. In addition, Data Protection, Freedom of Information and Health and Safety Issues have been considered. Adherence to this policy or procedure will therefore ensure compliance with all relevant legislation and internal policies. 3. Introduction Street bail (bail elsewhere than at a police station) is covered in Sections 30A to 30D of PACE as amended by Section 4 of the Criminal Justice Act It enables a person arrested for an offence (or taken into the custody of a police officer after an arrest) to be released on bail by a police constable on condition that they attend a police station at a later time. The aims of Street bail are: to assist in carrying out investigations effectively to maximise the time officers spend on front line, visible patrol Purpose Street bail is a discretionary power designed to give police flexibility for action after arrest. In particular: - It enables officers to remain on patrol where there is no immediate requirement to deal with an arrested person at a police station. Officers can plan post arrest investigative action such as when the arrested person should attend at a police station for interview. Co-ordinated planning will reduce waiting times for police officers, legal representatives, appropriate adults and arrested persons. It gives an opportunity to manage and reduce demand on the force cell capacity. Travelling time and the demand on resources to transport arrested persons to and from police stations will be reduced. Legal Basis The key legislative changes are summarised as follows. Section 30A: Power to grant street bail: A police officer can make a discretionary decision to grant bail to an arrested person without taking them to a police station on condition that the arrested person is required to attend provided written notice is given. 4

5 Section 30B: Bail under section 30A,Notices: A written notice of the bail decision and the requirement to attend a station at a later time must be given to the arrested person. The police may vary the police station and/or time and date that the arrested person is required to attend provided written notice is given. Section 30C: Bail under section 30A: Supplementary provisions: Police officers can rearrest a person released on bail anytime before that person is due to attend a Police Station if new evidence justifying arrest comes to light. If the person is no longer required to attend a Police Station then that person must be notified in writing. Section 30D: Failure to answer bail under section 30A: A constable may arrest, without warrant, a person bailed under Section 30 if they fail to answer bail at the specified time. However no separate offence is committed for failing to answer street bail. Once arrested, the person is to be treated as being under arrest for the offence(s) for which street bail was granted. Section 18(5) PACE has been amended to allow premises which are occupied or controlled by a suspect to be searched under Section 18 (1) PACE whilst the suspect remains under arrest for an indictable offence and before release on street bail. Arrests under Section 25 PACE: It will not be appropriate to grant street bail whilst any of the general arrest conditions apply. 4. Procedures Considerations Matters to be considered before granting Street Bail: Street Bail is a discretionary option and there is no presumption in favour of it. Actions should be carried out with due regard to the principles of legitimacy, legality and proportionality. When deciding whether or not to grant street bail, in addition to considering any operational benefits which may accrue, a police officer must take into account the following considerations: - The severity or nature of the offence committed. There is no definitive list of offences however offences involving physical injury to a person other than the arrested person, offences against public decency and unlawful obstruction of the highway would not be suitable for Street Bail. Street Bail should not be used for offences of hate crime or domestic violence. The impact of the offence on victims and witnesses. Street Bail will not be suitable where there is an immediate risk of the offence continuing. It may not be suitable in cases involving vulnerable witnesses or where its use may impact on sensitive local issues. The need to preserve vital evidence. It may be necessary to detain an arrested person in order that forensic evidence, which otherwise may be lost can be preserved and examined. The arrested person s fitness to be released back on to the streets. Arrested persons under the influence of drugs or alcohol may not be in a fit state to be released. 5

6 The arrested person s ability to understand what is being said or what is happening. This is particularly applies to mentally disordered, mentally vulnerable, juveniles or persons under the influence of drugs or alcohol. It will also apply to those whose first language is not English and as a result may not understand what is being said. The likelihood that the arrested person may continue to commit the offence or a further offence. Street Bail should not be granted if there are reasonable grounds to believe that the arrested person may continue to commit that or another offence if released. The identity and address of the arrested person. The arresting officer must take suitable steps to ensure that the name and address of the arrested person are verified before releasing a person on Street Bail. Whether or not the arrested person is likely to answer bail. Arrested persons who have previously failed to answer bail should not be granted Street Bail. If the arrested person is a juvenile or other vulnerable person an assessment must be made as to the level of risk to their safety and welfare. It may not be in their best interests to grant Street Bail. Particular consideration must be given to juveniles in local authority care. Street Bail should not be granted to Persistent Young Offenders or Prolific Offenders. Process for Issuing Street Bail The initial procedure to be followed with regard to the issuing of Street Bail can be found at Appendix A. The officer granting bail will be responsible for retaining the police copy part of the Street Bail form together with any additional notes made. These documents must be passed onto any other officer who takes over responsibility for investigating the offence. The supervisor s copy of the Street Bail form should be placed in a Street Bail file retained at each station. Should it be necessary to inform the arrested person of any subsequent notification, variation or cancellation of bail, efforts should be made to serve this in person. Where this is not possible the form should be sent by first class post within five days. When posting a notification, officers must complete a Royal Mail Certificate of Posting (Form 326 PAD 1 ) and staple it to the envelope containing the notice before forwarding to the despatch office. When completing this form officers should clearly write their name, collar number and station on the form which, once endorsed by the Royal Mail as proof of posting, will be returned to the officer and must be attached to the section copy of the notice. This procedure will be supported by a pocket notebook entry. This will normally be carried out by the Officer granting bail however in circumstances where this is not possible the form should be passed to another officer ensuring issues of continuity are adhered to at all times. The officer in the case will update Guardian and ensure that a Street Bail link has been created at the earliest opportunity and of any developments thereafter. 1 Stocks of this form will be held in Despatch Offices. 6

7 To maximise the effectiveness of the investigation the officer in the case should make contact with the relevant Investigate Support Officer at the earliest opportunity. Custody Suites Custody Staff will be required to allocate a suitable time and date for persons to surrender to bail. The slot will be dependent upon the demands and capacity of each custody suite. Bail diaries should be updated and monitored accordingly. When an arrested person answers their bail, or is arrested for failing to answer their bail, the powers and duties of the custody officer under PACE apply in the same way as if the arrested suspect had been brought directly to the station after arrest and not released on Street Bail. Notifying Parents/Guardians or Other Carers Where a juvenile is granted Street Bail, contact should be made as soon as practicable, either in person or by telephone, with the parent/guardian or other carer of the arrested juvenile. The purpose of this contact is to inform the Parent/Guardian/Carer at the earliest possible stage of the arrest and issuing of bail to the juvenile, and to serve the adult a copy of the Street Bail notice along with form 679 at Appendix D. This function is the responsibility of the officer initially granting Street Bail. Street Bail should not be granted to a juvenile unless the officer is completely satisfied that the correct name and address of the parent/guardian or other carer have been supplied. If the notice (Form 678 Appendix B) cannot be served in person on the parent/guardian or other carer then it must be sent by first class post along with Form 679 at Appendix D. When posting a Street Bail Notice, officers must complete a Royal Mail Certificate of Posting (Form 326 PAD 2 ) and staple it to the envelope containing the form 679 before forwarding to the despatch office. When completing this form officers should clearly write their name, collar number and station on the form which, once endorsed by the Royal Mail as proof of posting, will be returned to the officer and must be attached to the section copy of the notice. This procedure will be supported by a pocket notebook entry. Should it be necessary to inform the parent/guardian or other carer of any subsequent notification, variation or cancellation of bail, efforts should be made to serve this in person. Where this is not possible the form should be sent by first class post within five days. When posting a notification, officers must complete a Royal Mail Certificate of Posting (Form 326 PAD 3 ) and staple it to the envelope containing the notice before forwarding to the despatch office. When completing this form officers should clearly write their name, collar number and station on the form which, once endorsed by the Royal Mail as proof of posting, will be returned to the officer and must be attached to the section copy of the notice. This procedure will be supported by a pocket notebook entry. This will normally be carried out by the Officer granting bail however in circumstances where this is not possible the form should be passed to another officer ensuring issues of continuity are adhered to at all times. 2 Stocks of this form will be held in Despatch Offices. 7

8 Supervision and Monitoring of Street Bail It is essential that appropriate supervision and monitoring procedures are put in place if the operational benefits offered by Street Bail are to be fully realised. All supervisor copies of the Street Bail form should be retained at section level to facilitate any monitoring that may be required and to ensure that: - It is only granted fairly, objectively and without any discrimination in line with the protected characteristics (Age, Disability, Gender Reassignment, Marriage and Civil Partnership, Pregnancy and Maternity, Race, Religion or belief, Sex and Sexual Orientation) specified in the Equality Act Persons are bailed for no longer than is necessary. Fourteen days should normally be sufficient. Investigations are conducted diligently and expeditiously. Officers are available to deal with persons answering their bail. Bail is cancelled or varied where appropriate. 5. Monitoring and Review Responsibility for the monitoring and review of this guidance rests with the Head of Department, Corporate Services. The guidance will be reviewed annually. 6. Appeals Process Any appeal against the application of this guidance should be directed through the police complaints procedure in the usual manner. 8

9 Appendix A Where an Officer considers that it is appropriate to grant street bail to a person arrested for an offence, the following procedure must be followed:- Carry out all necessary checks, including voters check, PNC and Guardian, Contacting RTI via Operations Room or Airwave Explain the requirements of the street bail procedure to the arrested person Contact a custody suite to obtain a suitable time and date. Has a time and date been obtained for the arrested person to answer street bail? Yes No Invite the arrested person to sign the street bail notice form? (Appendix B) and give a copy of the Notice to the arrested person. Advise the arrested person that they will be notified within seven days of the time and station at which they will be required to answer bail Notify the arrested person by means of Form? (Appendix C) within seven days of the time and station at which they are required to answer bail Undertake any necessary enquiries and evidence gathering before the bail date If it is necessary to vary, extend or cancel bail, the investigating officer will notify the arrested person in writing by means of Form? (Appendix C) Any amended dates must be agreed with the custody suite. Any cancellation of street bail must be notified to the respective custody suite

10 Appendix B Front Cover Derbyshire Constabulary Notice of Street Bail Bail elsewhere than at a police station Sections 30, 30A to 30D of the Police and Criminal Evidence Act 1984 Aims and objectives of street bail Better planning and management of crime investigation and work caseload which:- enables officers to remain on frontline duties, and reduces delay by better planning and preparation for appropriate adults to attend reduces the overall time a suspect is kept in custody allows better management of demand on custody facilities reduces the need for a suspect to be taken to a police station nature of the offence General Considerations ability to progress the investigation at the station establishing the identity and address of the suspect confidence in the suspect answering bail awareness and understanding of the process by the suspect the impact the offence has had on the victim and any by-standers The process of granting street bail can only be carried out after a person has been arrested in accordance with Section 24 PACE. DFT of 17

11 Inside front Cover Notes for Guidance of officers granting 'street bail' General 1. Sections 30A to 30D of PACE (as amended by the Criminal Justice Act 2003) provide the power to grant 'street bail'. 2. A constable can grant street bail if a person has been arrested for an offence or taken into custody following arrest by someone other than a constable (e.g. store detective). 3. The constable can require the arrested person to attend a police station at a specified later date. Alternatively, the constable can inform the person that he or she will receive a notice within seven days informing them of a specified date to attend the police station. No other conditions can be imposed. Occasions on which Street Bail would not be suitable Arrested for: Reasonable grounds to believe the person would repeat the offence or commit another offence if released. e.g. disorderly behaviour involving fighting and/or criminal damage. Unfit to be released due to the person's vulnerability e.g. drunk, mental health problems, certain juveniles.. The granting of street bail could expose any persons/property to risk of harm. Evidence or proceeds of the offence could be damaged, lost or destroyed. The person is a persistent offender or persistent young offender. Completion of Notice particular points Section B 'OFFENCE(S) FOR WHICH ARRESTED' This must include sufficient information to enable the arrested person to understand that they have been arrested and the reason why. The nature of the offence and when and where it was committed must be included. Avoid vague or technical language and ensure enough detail so that the arrested person can understand the offence and appreciate its seriousness. Section C 4 'Signature of person bailed'. The person should always be asked to sign to acknowledge the requirement, which has been imposed. A person's refusal to sign does not in itself prevent the officer from granting bail nor does it prevent action being taken if the person does not answer their bail. Other requirements Pocket note books should be completed at the earliest opportunity. DFT of 17

12 Notice given to arrested person (NCR copy to be retained by police) Notice to arrested person granted bail in accordance with section 30A Police and Criminal Evidence Act 1984 A. TO: (details of person granted bail) Surname:.... Forenames:.... Age:... Date of birth /. /... *M/F ID Code.. SDE Code Address:..... B. CIRCUMSTANCES OF ARREST On.. day (date)..../../. at (time 24hrs) At (place) You were arrested by Name..... Rank No.... Station..... For Offence.. When committed (date)././. Where committed Grounds for arrest C. DETAILS OF BAIL REQUIREMENT TO ATTEND POLICE STATION (*complete/delete 1, 2 or 3 as applicable, invite person to sign at 4) IMPORTANT: You will be liable to arrest if you do not attend the police station as required by this notice or by any further notice which you are given. 1* You are required to attend:... police station Address:.. on. day (date)..../.../. at (time 24hrs)..... unless you are later given notice in writing that: (a) you are required to attend a different police station and/or to attend at a different time; or (b) that you are no longer required to attend a police station 2* You will be given a notice in writing within 7 days of the name and address of the police station and date/time that you are required to attend. 3* If you are under 18, you must provide the name, address and if possible, a contact phone number of your parent, guardian or other carer. The officer will discuss with you making contact with the person named Name Address......Tel. no. Status: Parent guardian local authority other (describe) 4. Signature of person bailed:... D. OFFICER GRANTING BAIL On. day (date)..../..../ at (time 24hrs)..... At (place)..... I granted bail to the person named above. I am satisfied that he/she understood the explanation I gave him/her of the bail requirement and gave him/her this notice. Signature..... Name.... Rank No. Station.. Contact telephone number:.. Please read the information on the back of this notice. DFT of 17

13 Back of Notice given to arrested person The Police and Criminal Evidence Act 1984 (PACE) gives a police officer power to grant bail to someone arrested for an offence which requires them to attend a police station at a later date rather than taking them to a police station immediately after arrest. As indicated below, you will have support and access to independent legal advice at the police station when you answer bail. This notice explains the bail requirement. IF YOU ARE UNDER 18: 1. Please show this notice to your parent/guardian, other person or local authority representative responsible for looking after you. 2. The police will contact your parent/guardian or other person responsible for looking after you, if possible by telephone to tell them that you have been arrested and released on street bail. 3. A copy of this notice will also be sent to the person you have named as being responsible for looking after you. They will also be asked to come to the station with you. Tell the constable if you think that there are reasons why this form should not be sent to them. 4. When you attend the police station you will be entitled to have your parent/guardian or another adult present to help and support you. The police will be required to contact this adult but to avoid delay, you can make you own arrangements for an adult to come with you to the police station. RIGHTS AND ENTITLEMENTS AT THE POLICE STATION 1. When you attend the police station you will be entitled to free, independent legal advice. If you prefer a solicitor of your own you can make your own arrangements for them to come to, or meet you at, the station. 2. Full details of all your rights and entitlements when you attend the police station are set out in the Codes of Practice issued under the Police and Criminal Evidence Act 1984 (PACE). 3. Copies of the Codes are kept at all police stations for the public to refer to at any time. DFT of 17

14 Back Cover When deciding whether to grant street bail, arresting officers must ask themselves; 'Is the arrested person's continued detention after arrest necessary?' and to answer this, they must consider: (1) Is there any doubt about the arrested person s identity & address? (2) Is there any doubt that the arrested person would attend the station? (3) Is release on bail appropriate having regard to; (a) the nature and circumstances of the offence(s); (b) the suspect's likely reaction if released; (c) the need for further immediate investigation? (4) If the person is a juvenile, listen to anything they say about their own circumstances and consider Do they face any risks from a parent, guardian or other carer? If in local authority care would release be appropriate? Would they be put at any other risk if released on street bail? (5) If the suspect is mentally vulnerable are you satisfied that they understand what is happening? (6) After releasing a person under 18 on street bail The parent, guardian or other carer responsible for a juvenile who has been released on 'street bail' should be informed as soon as practicable of the following matters:- that the juvenile has been arrested; the offence for which arrested; that the juvenile has been released on 'street bail' that the juvenile has been given a notice which sets out a requirement to attend a police station; the date/time and station the juvenile is required to attend; that they will be sent a copy of the notice given to the juvenile. DFT of 17

15 DERBYSHIRE CONSTABULARY Appendix C NOTIFICATION, VARIATION AND CANCELLATION OF STREET BAIL This form is to be used: - A. Where street bail has been granted but notification of the time, date and location of police station that bails person is required to attend was not given at the time bail was granted. (Form must be sent within 7 days of granting bail) B. Where it is necessary to vary the time, date or location that the person is required to answer bail at. C. Where it is necessary to cancel the requirement for a person to answer street bail. Complete Section A, B or C as appropriate. To: (details of person granted street bail) Send copy to parent/guardian or other carer if appropriate. Notify custody unit/police station of any changes to bail. Surname: Date of Birth: / / Forenames: Address: 1. Notification On (date) / / at (time) at (place) having been arrested for the offence of you were granted bail. You are now required to attend at Police station on (date) / / at (time) You will be liable to arrest if you fail to attend as specified. 2. Variation On (date) / / at (time) at (place) having been arrested for the offence of you were granted bail. to appear at Police Station on (date) / / at (time) It is necessary to vary this requirement and you are now required to attend at Police Station on (date) / / attend as specified. 3. Cancellation at (time) You will be liable to arrest if you fail to On (date) / / at (time) at (place) having been arrested for the offence of you were granted bail. to appear at Police Station on (date) / / at (time) You are no longer required to answer bail as above. No further action will be taken at this time in respect of this offence. Name/Rank/No of officer completing form Date Signature of Officer Station 15

16 Dear NOTIFICATION CONCERNING 'STREET BAIL' REQUIREMENT TO ATTEND A POLICE STATION Full name... Date of birth Male Female On... day (date).../.../... the above named was arrested and at time)... at (place)... was released on street bail under section 30A Police and Criminal Evidence Act 1984 subject to a requirement to attend a police station. He/she told the arresting officer that you are the parent/guardian/other person responsible for looking after him/her. The attached copy notice(s) give(s) details of the requirement to attend the police station. The attached copy notice(s) give(s) details of the requirement to attend the police station. Please read them carefully. The Police and Criminal Evidence Act 1984 (PACE) gives a police officer power to grant bail to someone arrested for an offence which requires them to attend a police station at a later date rather than taking them to a police station immediately after arrest. When he/she attends the police station, they are entitled to have their parent or guardian or another responsible adult present to help and support them. The police are required to contact this adult but, to avoid delay, you may want to make your own arrangements to come to the police station. When they attend, he/she is also entitled to free and independent legal advice. If someone prefers a solicitor of their own, they can make their own arrangements for a solicitor to come to, or meet them at, the station. Full details of the rights and entitlements at the police station are set out in the Codes of Practice issued under the Police and Criminal Evidence Act 1984 (PACE). Copies are kept at all police stations and you have a right to consult the Codes at any time. If you have any questions about this matter or any of the arrangements, please contact the below officer: (name, address, phone number) Yours sincerely 16

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