Senior ACPO (Association of Chief Police Officers) have urgently been considering the way forward after a court ruling effectively restricted length of time suspects can be released on police bail.
The ruling, which involved a case from Greater Manchester Police, means that officers can effectively no longer freeze the time a suspect is held without charge when they are bailed.
This could potentially mean that officers must conclude their initial investigation and reach the point of charge within a maximum time of 96 hours from the point of arrest. However, officers could theoretically re-arrest a suspect.
During a question-and-answer session during an event hosted by the think-tank Reform, Home Secretary Theresa May said the issue had caused "great concern".
about the matter and would not rule out considering the introduction of emergency legislation.
The situation arose following a GMP murder investigation, when the extension of a warrant for further detention of a suspect under Section 44 of PACE (Police & Criminal Evidence Act) was refused by City of Salford JPs.
The Force had sought an application for a judicial review of the decision, which was dismissed by Mr Justice McCombe during a hearing at the High Court in May. GMP is now seeking leave to appeal to the Supreme Court.
Force spokesman ACC Terry Sweeney said that all staff are aware of the ruling and what the impact was likely to be on their day-to-day duties. He added: "This is an unprecedented police issue, the full implications of which are being assessed.
"This ruling affects how police forces nationally deal with people in custody and we have made an application to the Supreme Court to appeal it.
"We are working closely with various agencies and I want to reassure the public it will not affect the way we police Greater Manchester or services we provide."
Assistant Chief Constable Andy Adams, ACPO Lead for Custody, shared the concerns of his colleague.
He added: "As it stands, this ruling has a profound impact on how PACE has been interpreted and used during the last 25 years. This issue needs clarification so all those involved in the administration of justice can be clear about the impact and consequences.
"We are working in partnership with colleagues across the criminal justice system and have commissioned a QC to advise on the ruling and its impact on policing.
"The decision in this case has the potential for a wide reaching impact and ACPO has significant concerns as to the effect it will have on policing."
Article courtesy of www.policeoracle.com
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