Released Under Investigation
Suspects face increased uncertainty following changes to police bail. Being “released under investigation” implements a well intentioned policy aim. But it is already being shown to have found a “cure worse than the disease”.
Released without bail
Since 1 April 2017, suspects are increasingly not being “bailed” following their initial police station interview. This is true following arrest or after a, somewhat misleadingly entitled, voluntary interview. Previously suspects were often on police bail for extended periods of time. From 1 April 2017ng of April, there is now a statutory maximum, subject to exceptions, of up to 28 days. After that period a person cannot be kept on police bail.
The response from the police has been to advise people being released from custody that they are still “under investigation”, but that they have been “released without bail” (ie; they are not technically on police bail). This has in no way brought about the stated aims of the policy; that police investigations should be conducted and concluded promptly, such that the anxiety and uncertainty arising from being on police bail should not continue for an extended period of time.
Released Under Investigation
To the contrary, someone released from custody will still have no idea if or when they may consider themselves no longer to be “under investigation”. Notwithstanding the absence of bail, people leave custody with a notice containing menacing language relating to potential consequences and the risks of perverting the course of justice. In the absence of a set bail appointment, it is highly unlikely that there will be any updates forthcoming from the Police in connection with the investigation. Additional uncertainty now hangs over people with no frame of reference as to when it might be safe to, say, speak with someone that may have been connected with the case in some way.
The need for advice at the police station remains paramount for all people under investigation, including those asked to attend for a voluntary interview. For those that do not understand the gravity of the situation, such that they proceed with an initial interview without representation, it would still be prudent to seek advice at the earliest possible opportunity thereafter.
There remains considerable uncertainty as to how the application of the new bail rules will develop in the future. For now, given that the absence of police bail has clearly not brought about a change in behaviour of police to address their minds to ensuring a swift resolution to police investigations, there is no peace of mind for those who have been released from custody, but remain under investigation.