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00901 Procedure - Street Bail

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					             00901 PROCEDURE – STREET BAIL


Version: 2       Last Updated: 07/10/08               Review Date: 07/10/09

ECHR             Potential Equality Impact Assessment: High



1.   About This Procedure

     1.1.     This procedure provides guidance to police officers regarding
              their use of ‘street bail’ under the
              Police and Criminal Evidence Act 1984 (PACE).

     1.2.     The legislation which makes provision for the use of ‘street bail’
              is contained in sections 30A to 30D of PACE. These provisions
              allow for a constable, in appropriate circumstances, to bail a
              person after arrest, and remove the absolute requirement to
              take an arrested person to a police station.

     1.3.     Whilst the legislation has been amended to allow for conditions
              to be imposed upon ‘street bail’ this facility is not available
              within the Hampshire Constabulary area and officers may not
              impose conditions on such bail.

     1.4.     The key aims of ‘street bail’ are to:

                a)     enable officers to remain on patrol for longer periods
                       and raise visibility;
                b)     give officers greater flexibility to decide how best to use
                       their time and organise their casework;
                c)     remove the need for suspects to be taken to a police
                       station only to be bailed on arrival.

     1.5.     ‘Street bail’ enables a front-line officer to apply their discretion
              at the point of arrest. When doing so officers must take into
              consideration four key areas:

                a)     the nature of the offence;
                b)     the ability to progress the investigation at the police
                       station;
                c)     confidence in the suspect answering bail;
                d)     the level of awareness and understanding of the
                       procedure by the suspect.

     1.6.     Guidance regarding these areas for consideration is contained
              within this procedure.

     1.7.     Police officers will ensure that ‘street bail’ is used fairly,
              objectively and without bias against ethnic or other groups
              within the community.
             00901 PROCEDURE – STREET BAIL


     1.8.      This procedure relates the 00900 Policy - Bail.


2.   Risk Assessments/Health And Safety Considerations

     2.1.      Before a constable grants a suspect ‘street bail’ consideration
               must be given to the following:

                 a)       the impact of the alleged offence upon individuals or the
                          community generally;
                 b)       the likelihood of the suspect committing further
                          offences;
                 c)       the likelihood of harm being done to the suspect if not
                          taken into police detention.

     2.2.      If there is any real likelihood of any harm being done to any
               individual or it is considered that a suspect may commit further
               offences as a result of the suspect being ‘street bailed’ then the
               officer shall not grant such bail and shall take the suspect to a
               police station in the normal manner. See 3.1 below for more
               detailed guidance.


3.   Procedure

     3.1.      Decision Making

            3.1.1.         The officer on the street must take the following into
                           account before deciding whether to grant ‘street bail’:

            3.1.2.         What type of offence has been committed?

                     3.1.2.1.    There is no definitive list of offences to which
                                 ‘street bail’ can be granted, it is a matter for the
                                 officer’s discretion. However, ‘street bail’ will not
                                 be granted in cases where the alleged offence is
                                 one involving personal violence or serious public
                                 order.

            3.1.3.         What impact has the offence had?

                     3.1.3.1.    How has the offence impacted upon the victim
                                 and any bystanders and what impact has it had
                                 upon the suspect? Where it is considered that
                                 significant impact has been made upon any of
                                 the above it will not be appropriate to grant
                                 ‘street bail’.
 00901 PROCEDURE – STREET BAIL


3.1.4.         Would delay in dealing with the offender result in loss
               of vital evidence?

         3.1.4.1.     Where it is considered that there is a potential
                      to loose important prosecution evidence should
                      the suspect be released then ‘street bail’ would
                      not be appropriate. Officers must consider the
                      potential loss of forensic evidence at this stage.

3.1.5.         Is the arrested person fit to be released on to the
               streets? Do they understand what is happening?

         3.1.5.1.     Suspects who are drunk or otherwise intoxicated
                      and those with perceived mental health
                      problems who therefore may not fully
                      understand what is happening should not be
                      granted ‘street bail’. In the case of juveniles
                      consideration should be as to the welfare of the
                      child (see 3.1.6 below).

         3.1.5.2.     ‘Street Bail’ will not be granted to a person who
                      is not able to properly understand their
                      responsibilities under the Scheme, due to their
                      lack of comprehension of the English language.
                      However, before making a decision not to grant
                      ‘Street Bail’ on this basis officers should, where
                      practical, make use of the National Interpreting
                      Service (See 06401 Procedure - The Use of the
                      National Interpreting Service).

3.1.6.         Is the suspect a juvenile?

         3.1.6.1.     If so the officer must consider:

     a)       the appropriateness of granting ‘street bail’ to a juvenile
              in local authority care;
     b)       whether the juvenile faces any risks from a parent,
              guardian or carer as a consequence of their arrest;
     c)       whether the juvenile is estranged from parents or is
              running away from care.

         3.1.6.2.     This does not mean that ‘street bail’ should not
                      be given to juveniles who are concerned about
                      parental reaction to their (the juvenile’s) actions
                      but the officer considering bail should be aware
                      of the young person’s circumstances.

3.1.7.         Is the suspect likely to commit a further offence?
        00901 PROCEDURE – STREET BAIL

                3.1.7.1.    ‘Street bail’ will not be granted where the
                            arresting officer considers there are reasonable
                            grounds to believe that the arrested person
                            might continue to commit that or another
                            offence if released.

       3.1.8.         Has the arrested person provided a correct name and
                      address?

                3.1.8.1.    It is vital that ‘street bail’ is not granted until the
                            arresting officer is completely satisfied as to the
                            identity of the arrested person. No suspect will
                            be ‘street bailed’ before the arresting officer has
                            caused a PNC search and sufficient local
                            searches to be carried out in order to establish
                            their identity, beyond any doubt. If there is any
                            doubt whatsoever as to a suspect’s identity they
                            will not be ‘street bailed’.


3.2.      Issuing ‘Street Bail Notice’

       3.2.1.         Having considered any relevant factors contained in
                      3.1 above and decided that the arrested person should
                      be granted ‘street bail’ the bailing officer should follow
                      the below guidance.

       3.2.2.         Before granting ‘street bail’ the officer shall make
                      contact with the Custody Centre to which the arrested
                      person is to be bailed and shall obtain a suitable time
                      and date for the person to surrender to their bail. The
                      setting of a bail date will depend upon the particular
                      circumstances. The normal range would be from one
                      day up to six weeks but the emphasis is on setting a
                      date as soon as is practicable in the case
                      circumstances.

       3.2.3.         Having obtained a suitable time and date the bailing
                      officer will complete a ‘Street Bail Notice’. It must be
                      remembered that at this stage the suspect is still
                      under arrest and officers must remain vigilant. Where
                      at all possible the completion of the ‘Street Bail Notice’
                      should take place in a secure and safe environment
                      (e.g. police vehicle, manager’s office etc).

       3.2.4.         There is nothing to prevent a constable delaying in
                      ‘Street Bailing’ a person if the presence of that person
                      is necessary in order to carry out such investigations
                      as it is reasonable to carry out immediately (i.e. to
 00901 PROCEDURE – STREET BAIL

          secure and preserve evidence by searching a vehicle
          etc).

3.2.5.    The bailing officer will explain fully to the arrested
          person the implications of ‘street bail’ and the
          responsibilities placed upon them. This is particularly
          important in case of juveniles or other vulnerable
          persons.

3.2.6.    Parts One and Two of the ‘Street Bail Notice’ are self
          carbonating. Officers must ensure that they rest on
          something sufficiently hard to allow Part Two to be
          legible.

3.2.7.    Once the ‘Street Bail Notice’ is completed the arrested
          person will be requested to sign it at Part One, C, 3. If
          they refuse to do so this does not automatically
          prevent the officer bailing the person and does not
          prevent the person being arrested if they fail to answer
          the bail granted. However, if at any stage prior to
          actually releasing the person from his/her custody the
          officer has good cause to change their decision they
          may do so and take the arrested person to a police
          station in the normal manner. If this does occur the
          partially completed ‘Street Bail Notice’ will be retained
          and attached to the arrested person’s custody record
          (via the BDL to the Documents tab on the custody
          record).

3.2.8.    Part One of the ‘Street Bail Notice’ will be detached
          and given to the arrested person. The remaining parts
          of the ‘Notice’ will be retained by the bailing officer. At
          this stage the arrested person is free to leave, under a
          duty to attend the nominated police station at the
          stated date and time.

3.2.9.    The bailing officer shall, before the completion of
          his/her duty that day, attend the custody centre to
          which the person has been bailed and shall place the
          retained parts of the ‘Bail Notice’ in the ‘Street Bail
          Register’.

3.2.10.   There is no requirement for a custody record to be
          completed at this stage. Sufficient details relating to
          the original arrest and to the release on bail are
          contained within the ‘Street Bail Notice’.

3.2.11.   Where the person bailed is a juvenile the officer
          dealing will ensure that, before completing that tour of
          duty, the juvenile’s parent or guardian is contacted in
          person or by telephone and notified of the arrest and
 00901 PROCEDURE – STREET BAIL

          bail implications. Additionally, after this initial contact
          has been made, that officer shall copy Part Two of the
          bail notice and send this by first class post to the
          parent or guardian.

3.2.12.   The officer dealing with the bailed person shall liaise
          with their supervisor regarding the case. If the
          supervisor, after considering the circumstances and
          evidence, decides that there is no requirement for the
          person to answer their bail it is their responsibility to
          ensure a letter is sent to the bailed person informing
          them of this (available on Standard Forms Library). In
          the case of a juvenile a letter must also be sent to the
          nominated parent or guardian. In all such cases the
          officer dealing must ensure that Part Three of the ‘Bail
          Notice’, in the ‘Street Bail Register’ is endorsed to this
          effect.

3.2.13.   Where, for any reason, it is necessary to vary the
          time, date or station a bailed person is to surrender to
          their bail a letter will be sent to the person bailed
          providing details of the variation (in the case of a
          juvenile an additional letter will be sent to their
          nominated parent or guardian). This will only be done
          with the consent of the supervisor of the officer
          dealing. Where this is done the officer dealing shall
          ensure that Part Three of the ‘Bail Notice’, held within
          the ‘Street Bail Register’ is completed. This procedure
          is lawful only in relation to ‘Street Bail’ and not in
          relation to any other type of bail.

3.2.14.   Where practical and where the offence alleged is
          relevant the officer dealing with the case shall obtain
          ‘pre-charge advice’ from the Duty Prosecutor prior to
          the time and date the bailed person is due to
          surrender to their bail.

3.2.15.   The officer dealing with the bailed person shall ensure
          that they are present at the custody centre to which
          the person was bailed, on the date to which they were
          bailed and before the person is due to surrender. They
          will recover the ‘Bail Notice’ from the ‘Street Bail
          Register’ and when the person surrenders to their bail
          shall present this to the custody officer. The custody
          officer shall at this point create a custody record and
          ensure the ‘Street Bail Notice’ is attached to it (via the
          BDL to the Documents tab on the custody record).

3.2.16.   A person who has been released on ‘Street Bail’ may
          be re-arrested, before surrendering to their bail, for
          the original offence, if new evidence which justifies
             00901 PROCEDURE – STREET BAIL

                        their arrest comes to light after they have been
                        released on bail.

            3.2.17.     Where a bailed person fails to surrender to their bail
                        they may be arrested, without warrant, by a constable.
                        After such an arrest that person must be taken to a
                        police station as soon as practicable (this may be any
                        police station and is not restricted to the police station
                        where the person was due to answer their bail). Such
                        a failure to surrender is not an offence. For the
                        purposes of Part IV of PACE (Detention) a person so
                        arrested shall be dealt with as arrested for an offence
                        and the offence in connection with which bail was
                        granted shall be that offence.


4.   Roles And Responsibilities

     4.1.      See 3.1 and 3.2 above.


5.   Administration

     5.1.      It is the responsibility of each OCU to make arrangements for
               the creation, maintenance and monitoring of a ‘Street Bail
               Register’ within each custody centre. These registers will contain
               all pending ‘Street Bail Notices’ for that custody centre.

     5.2.      Where an arrested person has been granted ‘street bail’ but a
               decision has subsequently been made that they are not required
               to answer their bail (see 3.2.12 above) the ‘Street Bail Notice’
               will be retained in a separate part of the ‘Street Bail Register’.
               This ‘Notice’ provides a record of the original arrest and will be
               retained in accordance with the Force’s retention policy for
               custody records.


6.   Monitoring/Evaluation

     6.1.      Each OCU is responsible for the monitoring and evaluation of
               this procedure within their areas. This includes ensuring that:

                 a)    ‘Street Bail’ is being used in a fair and non-
                       discriminatory manner;
                 b)    officers are granting ‘Street Bail’ in accordance with the
                       Force Procedure;
                 c)    the content of the ‘Bail Notice’ is of a satisfactory
                       standard.
             00901 PROCEDURE – STREET BAIL

     6.2.      Where monitoring identifies any unsatisfactory practice it is the
               responsibility of the OCU to ensure the relevant officer has this
               brought to their attention and that appropriate remedial action is
               taken.


7.   Review

     7.1.      This procedure will be reviewed annually.

     7.2.      The review will be performed by the Custody Policy and
               Development Team in consultation with OCU staff.

     7.3.      The review will take into account changes in legislation and
               working practices and make any necessary amendments to the
               procedure.


8.   Related Procedures, Policies And Information Sources

     8.1. Related Policies

            8.1.1.      00900 Policy – Bail


     8.2. Information Sources

            8.2.1.      AD203 – Equality Impact Assessment



Origin:     Custody Policy and Development Team

				
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Description: 00901 Procedure - Street Bail