Correct on the date of publication - 28 April 2025
Question:
A suspect has been on pre-charge police bail for an either-way offence, whilst on bail the CPS have returned with a decision to charge the suspect. The OIC has sent a Postal Charge Requisition (PCR) to the suspect, a week prior to their bail to return date.
Does this mean that conditional bail has been lost?
Answer:
Yes, a person who has been sent a postal charge requisition (PCR) cannot be placed on conditional bail and once a PCR has been sent in the post all bail conditions would be lost. This follows the Government guidance:
14.29 A postal charge requisition (PCR) is a legal document notifying a suspect that a decision has been made to prosecute their offence(s) at court. PCRs can only be used where a suspect has been RUI or released on unconditional bail.
14.30 When a PCR is generated, this has the effect of cancelling the ABP. This makes PCRs unsuitable for use with conditional bail, as the conditions will be cancelled as soon as the PCR is issued.
Should a custody officer wish to keep bail conditions in place, we advise charging the bailee when they attend for bail or to bring the bail date forward, as per section 47(4A) of the Police and Criminal Evidence Act 1984 (PACE) to allow for charge and release under post-charge bail with conditions, as per section 47(1A).
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