Emergency legislation to counter bail ruling


By Tony Grew
- 30th June 2011

The police minister has come to the Commons to announce emergency legislation on police bail.

Nick Herbert acted after a judicial review backed a ruling by a district judge that the police cannot bail suspects for more than four days without either charging or releasing them, overturning 25 years of established practice.

He told the House that the judgement had had "a serious impact" on the police's ability to do their job and has caused "great concern".

"This judgement upsets a careful balance and impedes the police in doing their job," he said.

Herbert said home office officials only learnt of the impact of the ruling last Friday, even though the district judge ruled on May 19.

"We must not, cannot and will not ask the police to do their jobs with one hand tied behind their backs."

He said the association of chief police officers (Acpo) has asked for emergency legislation to "clarify the position" and argued that the matter cannot wait for a supreme court ruling.

Shadow home secretary Yvette Cooper attacked his "astonishing statement" and complained she had not seen it in advance.

She asked what the home office had been doing in the intervening six weeks since the initial judgement.

Cooper said there is "considerable chaos in the home office ... carelessness, drift and incompetence" and called on home secretary Theresa May to "get a grip".

She told the House that 80,000 people on bail could be affected by the judgement, which could put trials in jeopardy.

Herbert was repeatedly pressed by Labour MPs about when the home office knew about the judgement.

He said Greater Manchester Police informed the home office of the district judge's ruling, but they only received the written judgement on June 17 and then began to "ascertain the effect of it".

"Action has been taken as soon as possible," he told the House.

Acpo formally asked for emergency legislation this morning, he added.

In the meantime they have issued interim guidance.

Lib Dem Tom Brake said there is "a clear and urgent need for emergency legislation".

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