Splitting bail types

24 May 2021

Not reviewed after the date of publication

Question: 

A person is arrested for a number of offences and released from custody on bail under ABP for further investigative work. The investigations into the offences are being run by two different teams due to the nature of the offences but there is only a single bail release.

One team has a large number of outstanding investigations and will be seeking further ABP authorities to continue with the investigative bail. The other completed their inquires in a short period and will send the matter to the CPS for a charging decision.

Can the bail be split by splitting the offences into their representative bail, within the same custody record, or can they only have the single bail for the custody?

Answer:

When a suspect is in custody arrested for multiple offences, the offences share the same custody clock, even if the arrests for some of the offences are made later than the first offence - see our FAQ 'PACE - arrest for one offence then arrested for other(s) - detention clock'.

Although offences share the same custody clock, each offence has in effect its own ABP. For example, when a person is further arrested (i.e. the arrests take place on different days) they do share the same custody clock however they have two separate ABP’s.  This is important to note, to ensure that the additional day/days, and the opportunity to bail, are not lost for the further offence. Furthermore, the pre-conditions for bail outlined in section 50A have to be satisfied and apply to each offence separately.

We are therefore of the opinion that offences can be ‘split’ with regards to bail; for example in order to send a file to CPS utilising section 37(7)(a) and one bail date, whilst others remain 37(2) under a running ABP for further investigation with a different bail date. This may have to occur in those scenario’s where the offence requiring CPS authorisation are summary only and therefore run the risk of becoming statute barred if officers were to wait for the completion of complex enquiries.

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