Controversial British court ruling could play havoc with criminal investigations - Toronto Star

The Greater Manchester Police are appealing a recent court ruling involving bail that it believes could play havoc with criminal investigations, not only in Manchester, but right across England and Wales.

"This is an unprecedented police issue, the full implications of which are still being assessed," Greater Manchester Police Assistant Chief Constable Terry Sweeney wrote in a statement emailed to the Star.

"This ruling affects how police forces nationally deal with people in custody . . . We have made all our staff aware of the ruling and what impact, if any, it will have on their day-to-day duties."

The ruling, which was issued on May 19, puts an end to a British police practice of releasing suspects on "police bail" and then calling them back for further questioning weeks or in some cases months later. Police in England and Wales have bailed 80,000 suspects, some of whom are being investigated for "serious" crimes.

Previously, suspects were allowed to be kept in police custody for 24 hours, but when there was a more serious offence a police superintendent could extend the period by 12 more hours. And if more time was needed to investigate, the police could apply to a court to extend that for up to 96 hours.

In real terms, that has meant over the past 20 years that the clock on that 96 hours could be stopped by police at any time and a suspect could then be released.

If the police wanted to restart the clock and re-question the suspect, they could do so at any time – even weeks and months later, according to a spokesman in the British Home Office.

But the High Court ruling will mean that the police now have only four days in a row – or 96 hours consecutively – to investigate and charge a suspect, or that suspect must be released. They can only be re-arrested if new evidence becomes available.

The ruling has caused consternation and confusion among police ranks across Britain, report the Guardian, The Independent and the Daily Mail.

For its part, Scotland Yard would not comment on the ruling, redirecting the Star's queries to the Home Office. In a statement emailed to the Star a Home Office spokesman said: "We are extremely disappointed by the High Court's ruling.

"We remain strongly of the view that the police need the appropriate powers to detain arrested persons in order to investigate crime and to protect the public.

"We will ensure all necessary measures are taken to ensure those powers are available."

The decision involves the case of Paul Hookway, a murder suspect who was arrested at 12:40 p.m. on Nov. 7, 2010. A police superintendent granted permission for him to be detained for up to 36 hours for questioning, but he was released on bail after about 28 hours.

Five months later, police applied to the courts to extend the period of detention from 36 hours to the maximum 96.

But a district judge refused the application, saying the 96 hours had expired several months before. That decision was upheld by the High Court.

To stem the outcries Britain's Home Secretary says she is now considering emergency legislation to deal with the controversial decision. The Home Office is now consulting legal experts and police on the full implications of the ruling in preparation for drafting legislation.