Police Bail and the Use of Conditions

Abstract

The Criminal Justice and Public Order Act, 1994, enabled the police to attach conditions to defendants' bail. This new power was given to the police in order to reduce the numbers of defendants detained in custody overnight to appear at magistrates' courts and to increase control over defendants on police bail in order to prevent them offending or absconding. While the police welcomed this power, there was some concern that it may be open to abuse. This paper discusses the main findings of a small-scale study undertaken for a police force in the North of England into the use of post-charge police bail. The research found that the introduction of police conditional bail had reduced the number of defendants detained in police custody, but also the number granted unconditional bail, so some net widening had occurred. Differences were found between police stations and Criminal Justice Units in the use of conditions and how their use was justified. The study concluded that while the law relating to police bail provides a broad framework which structures police decision making, it also enables informal police practices and policies to shape the operation of the police bail process.