My Lords, on behalf of my noble friend Lady Henig I wish to move the amendment tabled in her name and that of the noble Baroness, Lady Harris of Richmond. Clause 51 concerns pre-charge bail and the powers for someone to be released who has been arrested other than at a police station. Amendments 180 and 182 are practical and proportionate and support policing based on greater practitioner autonomy and expertise, which we believe falls in line with the empowerment drive by the Home Office and the College of Policing. Both amendments reduce the level of the decision-making process from the rank of inspector to sergeant.
Police custody sergeants are well-trained practitioners who have responsibility for the care and treatment of suspects on a 24-hour basis. They make key decisions in line with PACE and other codes of practice. They have the necessary expertise to be able to adjust for a suspect to be released without bail and to apply conditions only where absolutely necessary and proportionate to protect the suspect, victim, witnesses and the wider public.
Amendment 184 concerns the rank of senior officers who can confirm that an investigation either by the SFO or FCA is under way and the applicable bail period. The amendment reduces the rank required of those who can be authorised with these powers from superintendent to inspector. The rank of inspector is a management rank and officers at this level would already be involved in exercising authorising powers and balancing the needs of the suspect. Officers holding this rank are numerous in the police service and are on duty on a 24-hour basis. It should also be noted that there has been a reduction in the number of officers holding the rank of superintendent, with a fall of 28% since 2010.
Officers with the rank of superintendent can take responsibility for any pre-charge reviews beyond the first review and oversee the application process for magistrates’ courts. They can also review any decision made by an inspector that is challenged by a suspect or their legal representative.
This group of amendments seeks to set out powers and responsibilities that are commensurate with the rank held and the practicalities of what is needed in particular situations. I beg to move.