Police and Justice Bill

The hon. Gentleman makes a good point, but that is a completely different discussion. It is clear that it might sometimes be necessary to release someone on bail while the decision is being taken on whether they breached the conditional caution. In fact, that might be a more proportionate measure than detention in custody. It is also clear that if investigations into the suspected breach have not been concluded within 12 hours—the time limit for detention—it might be necessary to release the person on bail, to ensure their attendance at a police station for further questioning at a later date. The last amendment in the group would retain the power to release on bail in such circumstances. We are concerned about the training provided for constables who administer summary justice. If the police are to be able to impose punishments, they need a particular level of training. Amendments Nos. 28 and 29 would require constables to have appropriate training before they imposed bail conditions, to ensure that the suspect did not commit an offence on bail, interfere with witnesses or obstruct the course of justice. All constables would be able to impose such conditions as they considered necessary to ensure that the suspect surrendered to custody. The granting of bail in a police station is the responsibility of the custody sergeant, who is a figure independent of the investigation; it is not the arresting officer—the policeman on the beat—who imposes bail. A custody sergeant has specialist training and expertise in order to perform a semi-judicial role in deciding whether bail conditions are justified. We want such training to be transferred across to those who will administer conditions. Clearly, the custody officer will not be present when street bail is given. Instead, the officer responsible for deciding on the conditions to be imposed will be the investigating officer, who is not impartial and would not have the training and experience of a custody officer. The proposal that would require constables to make decisions about conditions needed to ensure that a suspect did not offend when on bail is not viable either. A decision involving street bail places on the arresting constable the responsibility of achieving a balance between the aims of the conditions of bail and the rights of the suspect. The constable would also have to make judgments about the suspect’s likely future behaviour. That is a very grey area. We believe that constables should have the requisite training and expertise before they can impose conditions on street bail for purposes broader than ensuring attendance at a police station. In Committee, the previous Minister accepted those arguments and said:"““Of course, we will expect officers exercising such powers to be properly trained. We expect that with any powers that the police are given. They have extensive training, and we will expect them to be properly trained in those powers.””—[Official Report, Standing Committee D, 21 March 2006; c. 134-5.]" In light of that statement, we can see no reason why the Government should reject the proposal to include the requirements in the amendments in the Bill. We could then write the expectations of the previous Minister in Committee, and our proposals today, into the legislation.