Police (Detention and Bail) Act 2010-12
- Type of Bill:
- Government Bill
- Sponsors:
- Mrs Theresa May
Home Office - Baroness Browning
Home Office
Progress of the Bill
Bill started in the House of Commons
- House of Commons
-
- House of Lords
-
-
- Royal Assent
Last events
-
2nd reading: House of Lords 12 July, 2011
|
12.07.2011
-
Committee: 1st sitting: House of Lords 12 July, 2011
|
12.07.2011
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3rd reading: House of Lords 12 July, 2011
|
12.07.2011
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Royal Assent 12 July, 2011
|
12.07.2011
Act of Parliament
| House | Act | Date |
|---|---|---|
|
Police (Detention and Bail) Act 2011 c.9 | 13.07.2011 |
Latest news on the Bill
Following agreement by both Houses on the text of the Bill it received Royal Assent on 12 July. The Bill is now an Act of Parliament (law).
Summary of the Bill
The Police and Criminal Evidence Act 1984 (PACE) sets out the length of time that a suspect can be detained in police custody after arrest before being charged or released (with or without bail).
A suspect can be detained for an initial period of up to 24 hours starting from the 'relevant time' - usually the time of arrival at a police station following arrest. This period can be extended for up to a further 12 hours on the authority of a police officer of the rank of superintendent or above, and subsequent court applications may enable the detention period to be extended to a maximum of 96 hours.
It had previously been assumed that releasing a suspect on bail effectively paused the 'detention clock', so that when the suspect answered police bail and was re-detained, the clock could then be restarted, even if the re-detention was at a point later than 96 hours after the 'relevant time'.
However, a recent High Court decision - the Hookway case - ruled that this was not the case and that the maximum 96-hour period specified in the Act runs from the relevant time and cannot be suspended and re-started.
The Bill would reverse the effect of this High Court decision.
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