Concern that pre-charge bail has fallen considerably, including in domestic abuse, sexual offences and cases involving vulnerable people, has prompted new guidance from the NPCC. The consideration of whether or not to apply bail must take into account all the circumstances of a case, including the necessity to support and protect victims and witnesses, and ensure public safety. Decisions should be made by investigating officers, custody officers, and supervising officers. The guidance makes clear the circumstances in which pre-charge bail should be used:
- If there is a risk of a suspect committing further offences or failing to surrender to custody;
- The suspect being a threat to the public;
- The suspect interfering with an investigation or witness;
- Or for their own protection (if they are vulnerable).
If a suspect has
been arrested in connection with an offence involving vulnerable people or
domestic abuse then serious consideration must be given to the use of bail with
conditions in order to safeguard victims. If pre-charge bail is not used,
officers should document their decision making. Victims and witnesses should be
informed that a suspect has been released under investigation and given advice
about what to do if they are targeted by the suspect. The guidance
encourages officers to seek counsel from senior colleagues in these cases.