Criminal Law Legislation Update
| Author | Joanne Clough |
| DOI | 10.1177/0022018317698784 |
| Published date | 01 April 2017 |
| Date | 01 April 2017 |
| Subject Matter | Criminal Law Legislation Update |
2017, Vol. 81(2) 83–87
Criminal Law Legislation Update
ª The Author(s) 2017
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DOI: 10.1177/0022018317698784
As at 12 February 2017
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Joanne Clough
Ulster University, UK
The Policing and Crime Act 2017
The Policing and Crime Bill had its first reading in the House of Commons on 10 February 2016. On
31 January 2017, it received royal assent. It is an Act which deals with the handing of police complaints
and ‘super-complaints’, the reorganization of the Independent Police Complaints Commission; the
provision of investigations of whistle-blowing issues raised within the police force; police discipline
and inspection; the clarification of the powers of civilian police staff and volunteers; the police ranking
structure; the licensing of alcohol; the safeguarding of children and young people against sexual exploi-
tation; and the implementation and enforcement of a number of financial sanctions. With an overall aim
to improve the efficiency and efficacy of police forces, as well as building public confidence in policing,
the Act bears particular relevance to criminal lawyers, by amending police station practice and making
additional provision concerning firearms.
Police powers
Part 4 of the Policing and Crime Act 2017 (‘the 2017 Act’) amends and adds to various parts of the Police
and Criminal Evidence Act 1984 (‘PACE 1984’). The key changes are outlined below.
Street bail
Section 30A of the PACE 1984 is amended by s. 52 of the 2017 Act to allow for release of a person on
bail, where they were arrested elsewhere than at a police station (under s. 30 PACE 1984), if a new
subsection 1A applies. This states that a constable must be satisfied that releasing the person on bail is
necessary and proportionate in all the circumstances, having regard in particular to any conditions of bail
which would be imposed, and an inspector (or above) authorises the release on bail. Section 62 of the
2017 Act further amends s. 30A PACE 1984 to set a 28-day limit on the period of street bail. The suspect
must be provided with a notice stating the police station the suspect is required to attend and the time of
the bail end date when the person is required to attend (s. 30A(6)). A new subsection 6A states that a
person may not be required to attend a police station at a time which is after the bail end date. The bail
end date means the last day of the period of 28 days beginning with the day after the day on which the
person was arrested for the offence in relation to which bail is granted under s. 30A.
Police bail without charge
The provisions within PACE 1984 relating to release from police custody without charge are amended to
create a presumption that the release is to be without bail. This will be displaced if the ‘pre-conditions for
bail’ are satisfied. A new s. 50A is inserted into PACE 1984 (by s. 58 of the 2017 Act) to state that
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The Journal of Criminal Law 81(2)
references to ‘pre-conditions for bail’ are (a) that the custody officer is satisfied that releasing the person
on bail is necessary and proportionate in all the circumstances (having regard, in particular, to any
conditions of bail which would be imposed) and (b) that an officer of the rank of inspector or above
authorises the release on bail. Before a decision on bail is made, the suspect and/or his legal repre-
sentative must be given an opportunity to make representations and these must be taken into account
by the relevant officer making the bail decision. These new rules affect s. 34, 37, 41, 43 and 44 PACE
1984 in particular.
Time limits on police bail
Section 47 PACE 1984 relating to release on pre-charge bail (commonly referred to as police bail) is
amended to provide for limits on the period of bail without charge. A new s. 47ZA PACE 1984 is...
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