Proceeding contribution from Baroness May of Maidenhead (Conservative) in the House of Commons on Thursday, 7 July 2011. It occurred during Debate on bill and Committee of the Whole House (HC) on Police (Detention and Bail) Bill.
Police (Detention and Bail) Bill
I beg to move, That the Bill be now read a Second time. Since the Police and Criminal Evidence Act came into effect in January 1986, it has been widely recognised by the police and the courts that time spent on bail does not count towards the maximum permitted period of detention without charge. That is entirely right and proper. Being held in custody in a police cell is clearly not the same as being free on police bail, even with conditions attached. For more than 25 years, the sensible interpretation of the law has enabled the police to investigate crimes and keep the public safe, but on 19 May, in a judicial review, Mr Justice McCombe gave an oral judgment that it was his view that a district judge—as we have just heard from the right hon. Member for Salford and Eccles (Hazel Blears), Judge Feinstein—had been right to refuse a routine application for a warrant of further detention of Paul Hookway, a suspect in a murder investigation. I should stress to the House that at the time of the oral judgment on 19 May, it was not at all clear what the implications of this case would be. Indeed, in his oral judgment, Mr Justice McCombe himself said that ““the consequences”” of this ruling"““are not as severe as might be feared in impeding police investigations in the vast majority of cases””." At that time, it was not clear whether the ruling was restricted to the details of the Hookway case alone, whether it had a limited application or whether it was restricted to warrants of further detention beyond 36 hours. It was not until the complex written judgment was received on Friday 17 June— and considered in detail with the advice of counsel—that it began to become clear that this case had wider implications for police detention and bail.
Secondary information
- Type
- Proceeding contribution
- Reference
- 530 c1681
- Session
- 2010-12
- Chamber / Committee
- House of Commons chamber
- Subjects
- Criminal investigation Bail Association of Chief Police Officers Legal opinion Police Greater Manchester Police Sunset clauses
- Legislation
- Police and Criminal Evidence Act 1984
- Police (Detention and Bail) Bill 2010-12
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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- 2023-12-15 17:57:55 +0000
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