Released under investigation: High time to bail out

Sosabowski, Michael Hal; Johnston, Ed

Abstract

Prior to the Policing and Crime Act 2017, the provision of bail was set out by the Bail Act and refined by the Police and Criminal Evidence Act 1984 (PACE). Bail provisions changed under the Policing and Crime Act 2017, which created a presumption against bail. The legislation permitted police to release suspects under investigation (RUI) which was permitted to last as long as the police required. This article contends that neither the police, suspects or victims of crime have benefitted from the changes and a new balance needs to be struck in order to achieve fair and just outcomes, in keeping with the doctrines outlined in Police, Crime, Sentencing and Courts Bill 2021.

• Journal Article Type: Article
• Acceptance Date: Jan 4, 2022
• Online Publication Date: Feb 15, 2022
• Publication Date: Aug 31, 2023
• Deposit Date: Feb 15, 2022
• Publicly Available Date: Sep 27, 2023
• Journal: Journal of Criminal Law
• Print ISSN: 0022-0183
• Electronic ISSN: 1740-5580
• Publisher: SAGE Publications
• Peer Reviewed: Peer Reviewed
• Volume: 87
• Issue: 4
• Pages: 266-280
• DOI: https://doi.org/10.1177/00220183221078935
• Keywords: RUI; ECHR; bail; suspects' rights; presumption of innocence
• Public URL: https://uwe-repository.worktribe.com/output/9022221