Charging the suspect:
The custody officer has four options:
1. Release suspect without charge and without bail
2. Release the suspect without charge but on bail whilst the police make further enquiries
3. Release the suspect without charge but on bail (or keep in detention) to enable the CPS to
make a decision on charges
4. Charge the suspect
Release without charge and without bail:
Release without charge or bail will occur when either the police have insufficient evidence to be able to charge the suspect or if
the police believe the suspect to not be guilty of the offence.
If the suspect is released without charge or bail, there will be no conditions imposed upon the suspect and, while the police
could re-arrest the suspect, the suspect is essentially free to go.
APPLY – Apply to the facts/question – release without charge or bail?
o Likely to happen?
o Is there sufficient/insufficient evidence?
Release on bail while the police make further enquiries:
If the police want to make further enquires about the offence before deciding they can charge the suspect, bail may be
granted whilst further enquires are made. D will have to attend the police station at a time and date to answer their bail
PRESUMPTION – There is a presumption of release without bail in situations when the police have insufficient evidence to
charge. However, the presumption does not apply if:
a) The case has been passed to the CPS for a charging decision,
b) The CO is satisfied that bail is necessary and proportionate in the circumstances (having regard to any conditions of
bail which would be imposed), and
c) An officer of at least the rank of inspector authorises the release on bail (having considered any representations
made by the suspect or the suspect’s solicitor).
APPLY – Does the presumption apply? Conditions apply to this:
(a) there are reasonable grounds to suspect that the suspect is guilty of the offence;
(b) further investigation is needed or further time for police decision to charge is required;
(c) the investigation or charging decision is being conducted diligently and expeditiously; and
(d) release on bail is necessary and proportionate.
APPLY -
o If the presumption does apply – then D can be released without bail
o If the presumption does not apply – then D will be released on bail and may have conditions attached to this.
Should there been conditions to the bail?
Sureties an individual who can ensure D answers bail by entering into a recognisance which could be forfeiture if D does
not answer bail.
Security D deposits a sum or money/property which will be forfeited if D does not answer bail.
Reporting to a police station D may have to attend a station daily – keep track of D.
Curfew D remains @ residence between certain hours
Attend appointments keep in touch with DS to make sure the case is not delayed
No comms with witnesses prevent D speaking / seeing / interfering with a witness.
APPLY – Should conditions be imposed/which ones?
If bail is then granted, it can only be for a maximum period of 28 days (starting from the day after the day the suspect was
arrested) and when the suspect answers bail, the police may:
1. Release suspect without charge
2. Exercise further investigative powers (re-interview)
3. Release the suspect on bail again
4. Charge the suspect.
Failure to answer bail / breach conditions – D can be arrested (s46A)
APPLY – Apply to the facts/question – release on bail while more enquiries are made?
The custody officer has four options:
1. Release suspect without charge and without bail
2. Release the suspect without charge but on bail whilst the police make further enquiries
3. Release the suspect without charge but on bail (or keep in detention) to enable the CPS to
make a decision on charges
4. Charge the suspect
Release without charge and without bail:
Release without charge or bail will occur when either the police have insufficient evidence to be able to charge the suspect or if
the police believe the suspect to not be guilty of the offence.
If the suspect is released without charge or bail, there will be no conditions imposed upon the suspect and, while the police
could re-arrest the suspect, the suspect is essentially free to go.
APPLY – Apply to the facts/question – release without charge or bail?
o Likely to happen?
o Is there sufficient/insufficient evidence?
Release on bail while the police make further enquiries:
If the police want to make further enquires about the offence before deciding they can charge the suspect, bail may be
granted whilst further enquires are made. D will have to attend the police station at a time and date to answer their bail
PRESUMPTION – There is a presumption of release without bail in situations when the police have insufficient evidence to
charge. However, the presumption does not apply if:
a) The case has been passed to the CPS for a charging decision,
b) The CO is satisfied that bail is necessary and proportionate in the circumstances (having regard to any conditions of
bail which would be imposed), and
c) An officer of at least the rank of inspector authorises the release on bail (having considered any representations
made by the suspect or the suspect’s solicitor).
APPLY – Does the presumption apply? Conditions apply to this:
(a) there are reasonable grounds to suspect that the suspect is guilty of the offence;
(b) further investigation is needed or further time for police decision to charge is required;
(c) the investigation or charging decision is being conducted diligently and expeditiously; and
(d) release on bail is necessary and proportionate.
APPLY -
o If the presumption does apply – then D can be released without bail
o If the presumption does not apply – then D will be released on bail and may have conditions attached to this.
Should there been conditions to the bail?
Sureties an individual who can ensure D answers bail by entering into a recognisance which could be forfeiture if D does
not answer bail.
Security D deposits a sum or money/property which will be forfeited if D does not answer bail.
Reporting to a police station D may have to attend a station daily – keep track of D.
Curfew D remains @ residence between certain hours
Attend appointments keep in touch with DS to make sure the case is not delayed
No comms with witnesses prevent D speaking / seeing / interfering with a witness.
APPLY – Should conditions be imposed/which ones?
If bail is then granted, it can only be for a maximum period of 28 days (starting from the day after the day the suspect was
arrested) and when the suspect answers bail, the police may:
1. Release suspect without charge
2. Exercise further investigative powers (re-interview)
3. Release the suspect on bail again
4. Charge the suspect.
Failure to answer bail / breach conditions – D can be arrested (s46A)
APPLY – Apply to the facts/question – release on bail while more enquiries are made?
