TY - JOUR
T1 - Released Under Investigation:
T2 - High Time to Bail Out
AU - Sosabowski, Michael Hal
AU - Johnston, Ed
PY - 2022/2/15
Y1 - 2022/2/15
N2 - Prior to the Policing and Crime Act 2017, the provision of bail was set out by the Bail Act and refined by the Police and Criminal Evidence Act 1984 (PACE). Bail provisions changed under the Policing and Crime Act 2017, which created a presumption against bail. The legislation permitted police to release suspects under investigation (RUI) which was permitted to last as long as the police required. This article contends that neither the police, suspects or victims of crime have benefitted from the changes and a new balance needs to be struck in order to achieve fair and just outcomes, in keeping with the doctrines outlined in Police, Crime, Sentencing and Courts Bill 2021.
AB - Prior to the Policing and Crime Act 2017, the provision of bail was set out by the Bail Act and refined by the Police and Criminal Evidence Act 1984 (PACE). Bail provisions changed under the Policing and Crime Act 2017, which created a presumption against bail. The legislation permitted police to release suspects under investigation (RUI) which was permitted to last as long as the police required. This article contends that neither the police, suspects or victims of crime have benefitted from the changes and a new balance needs to be struck in order to achieve fair and just outcomes, in keeping with the doctrines outlined in Police, Crime, Sentencing and Courts Bill 2021.
KW - RUI
KW - ECHR
KW - bail
KW - suspects' rights
KW - presumption of innocence
KW - suspects’ rights
UR - http://www.scopus.com/inward/record.url?scp=85146360626&partnerID=8YFLogxK
U2 - 10.1177/00220183221078935
DO - 10.1177/00220183221078935
M3 - Article
SN - 0022-0183
JO - The Journal of Criminal Law
JF - The Journal of Criminal Law
ER -