header-logo header-logo

09 July 2021 / Cathál MacPartholán
Issue: 7940 / Categories: Features , Criminal
printer mail-detail

Release under investigation: times are changing

52412
Cathál MacPartholán examines pre-charge bail: has the Policing and Crime Act 2017 reframed rather than reformed the problem?
  • Reforms made to pre-charge bail by the Policing and Crime Act 2017.
  • The post-2017 position on pre-charge bail time limits, and release under investigation (RUI).
  • The recent consultation on this area, and the proposed future changes.

The Policing and Crime Act 2017 (PCA 2017) made a number of changes to pre-charge bail across England and Wales, introducing a presumption of release without bail, unless the relevant necessity and proportionality criteria are met—and a 28-day time limit for pre-charge bail in most cases. While the time limit on bail was largely welcomed, the ‘release under investigation’ (RUI) approach to dealing with suspects has not been as popularly perceived, despite its heavy use. Thus, in November 2019, a consultation process was launched by the Home Office, seeking stakeholders’ views on the effects of RUI.

This article comments on, and critically evaluates, the outcomes of recent consultations on pre-charge bail and RUI, in the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll