At the time I write this, I have four people on bail to myself including one who ought to have answered his bail on Sunday but decided he had better things to do and as such, is now wanted.*
They’ve all been arrested for a variety of different offences and for one reason or another, needed to be released so that a few enquiries could be completed prior to me being in a position to give a decision on their case disposal.
Police use of bail has been in the news recently after the BBC found that there are at least 57,000 people on bail and that over 3000 of those have been waiting on bail for over six months.
With specific reference to the length on which some people are kept on bail, the longest being nearly four years, the Law Society has even suggested a limit to bail length of twenty eight days.
What is bail though and how does it get used during the course of our investigations?
Simply put, us police officers ‘bail’ folk who we have arrested simply because we are not in a position whilst they are in custody to give a definitive decision on whether that person may be charged, released without charge or given some other disposal such as a caution.
To bail means that we’re telling a prisoner ‘we’re letting you out the cells but we’ve got enquiries to do that can’t be done whilst you’re staying with us so go away and come back at such and such a time’.
Referring back to my earlier blog on the custody procedure, the longest we can usually keep someone in the cells before either charging or releasing them is twenty four hours.
In relation to a complicated case, twenty four hours is a much shorter time than it first may appear and so it’ll often not be possible to complete all of the necessary enquiries inside that time.
As examples for why I’ve had to bail some of my prisoners recently, one was so I could gather more evidence from outstanding witnesses in the form of statements, another was so that a co-offender could be traced and a further was so that exhibits could be submitted for lab analysis.
Enquiries such as these can take much longer than the maximum amount of time on the ‘custody clock’ and so we have to use bail to accommodate them.
The complicated the investigation, the longer the enquiries are likely to take and so accordingly, the longer the amount of time that a suspect may need to be kept on bail until police are in a position to charge or otherwise.
In the case of the male on bail for nearly four years, reference is made to it being in relation to a fraud case.
Possibly the most complicated of the enquiries police are likely to carry out, there could be thousands of financial documents, multiple victims across several countries and a network of other offenders involved hence it’s exactly the sort of the investigation that will take a long time if it’s to be done thoroughly.
Bail can either be ‘conditional’ or ‘unconditional’, the latter being slightly misleading as one condition will always be that the released person surrenders themselves back into custody at a specified time and date.
As for ‘conditional’ bail, we’re able to place certain restrictions on the activities of a bailed person to help prevent them causing problems whilst released.
Common bail conditions that we use include having to live and sleep at a set address, observe and curfew, not visit a certain area and/or not to contact any persons we name on their bail sheet.
Where necessary, bail conditions can be far more extensive as in the case of Abu Qatada who had a huge list of restrictions imposed last year including not using the internet, only having one bank account and surrendering his passport.
Such conditions are justified on the basis that they may be necessary to help prevent further offences, protect witnesses or to discourage suspects from meddling with the course of justice.
In the West Midlands, supervisors are designated to keep an eye on bail lengths with the usual preference being to keep them as short as is reasonable.
It’s recognised that the conditions will have an impact on those released from custody, at the same time a balance has to be struck between this consideration and the fact that we need the time to complete enquiries to a high standard.
My four ‘bailers’ had all been given bail dates within four weeks or so of having been released, not wanting to extend their time on bail any further than is absolutely necessary, it’s now down to me to get the outstanding enquiries complete ahead of them returning to the station.
* You know who you are and if you’re reading this, pop into Bloxwich Police Station ASAP and we’ll get it sorted!