College of Policing consultation on pre-charge bail draft statutory guidance – Law Society response
We responded to a consultation by the College of Policing on draft statutory guidance for pre-charge bail.
Overall, we consider that the document is clearly written and will provide useful guidance to police officers in carrying out the new pre-charge bail regime.
We consider that the guidance strikes a balance between:
- the need for police to investigate offences in a timely way
- using bail conditions (when appropriate) to protect complainants and witnesses, and
- the right of uncharged suspects to be subject to the least possible restrictions on their liberty
We also give specific feedback on:
- the use of terminology such as “victim” and “suspect”
- the timing of, and criteria for, arrest
- necessity and proportionality – representations on pre-charge bail and role of the custody officer