Until this year, most arrested suspects were released on bail, Michael Zander, QC, writes. Now it seems that most are released without bail. That is the unexpected consequence of Theresa May’s reform of pre-charge bail.
Mrs May, when she was the home secretary, was impressed by the argument that suspects should not be kept on bail for months and sometimes years. The reform she initiated took effect on April 3.
The Policing and Crime Act 2017 provides for a new presumption of release without bail and that bail should initially be for 28 days with the possibility of extensions.
Extensions for up to 28 days must be approved by an inspector; beyond 28 days requires the consent of a superintendent; beyond three months requires the