David Hardstaff And Rishi Joshi Write For LexisNexis Discussing The New Provisions Relating To Pre-charge Bail

• Published date: 06 December 2022
• Subject Matter: Criminal Law, Crime
• Law Firm: BCL Solicitors LLP
• Author: Mr David Hardstaff and Rishi Joshi

BCL's David Hardstaff and Rishi Joshi write for LexisNexis discussing the amendments brought by the Police, Crime, Sentencing, and Courts Act 2022 (PCSCA 2022) in the Police and Criminal Evidence Act 1984 (PACE 1984) relating to pre-charge bail.

Here is a short extract from the article*. If you wish to read the full article, please visit LexisNexis website.

"As of 28 October 2022, Schedule 4 to the Police, Crime, Sentencing and Courts Act 2022 (PCSCA 2022) came into force amending the provisions in the Police and Criminal Evidence Act 1984 (PACE 1984) relating to pre-charge bail. The amendments brought about by the PCSCA 2022 do not materially impact on the main options available to the police and other agencies when dealing with suspects under investigation. However, they introduce significant changes to the former presumption against pre-charge bail, wider powers of investigators to extend pre-charge bail, and a duty to seek views of alleged victims on conditions of pre-charge bail.

Following arrest and interview, suspects may be:

• released under pre-charge bail with or without conditions or
• released under investigation (without bail conditions)

Alternatively, suspects may be charged (with or without bail) and the matter proceed to court, or the decision may...