Police (Detention and Bail) Act 2011 explained

Short Title:Police (Detention and Bail) Act
Parliament:Parliament of the United Kingdom
Long Title:An Act to make provision about the calculation of certain periods of time for the purposes of Part 4 of the Police and Criminal Evidence Act 1984.
Statute Book Chapter:c. 9
Introduced Commons:Theresa May, Home Secretary
Introduced Lords:Baroness Browning, Minister of State for Crime Prevention and Antisocial Behaviour Reduction
Territorial Extent:England and Wales
Royal Assent:12 July 2011
Commencement:Amendments deemed to have had effect from 1 January 1986, other provisions on 12 July 2011
Related Legislation:Police and Criminal Evidence Act 1984
Status:Current
Original Text:http://www.legislation.gov.uk/ukpga/2011/9/enacted
Legislation History:http://services.parliament.uk/bills/2010-11/policedetentionandbail.html
Use New Uk-Leg:yes

The Police (Detention and Bail) Act 2011[1] (c. 9) is an Act of the Parliament of the United Kingdom that amends those sections of the Police and Criminal Evidence Act 1984 relating to the detention of criminal suspects by police forces in England and Wales.[2] [3] [4]

The emergency nature of the Act meant it completed its parliamentary passage at a significantly expedited speed, being introduced to the House of Commons on 5 July[5] and completing its stages just two days later,[6] before being passed by the House of Lords and receiving Royal Assent on 12 July.

The legislation was in response to the decision of McCombe J in R (on the application of the Chief Constable of Greater Manchester Police) v Salford Magistrates' Court and Paul Hookway.[7] Home Secretary Theresa May called the ruling one of "great concern".[8]

The Act had retrospective effect, a decision supported by Liberty. In debate in the House of Commons, this was supported by all sides, on the grounds that the mistaken interpretation was the one intended by Parliament and relied on by police for the last 25 years; allowing the correct interpretation to stand would jeopardize tens of thousands of ongoing investigations[9] and a vast number of historic convictions.[10]

Notes and References

  1. https://publications.parliament.uk/pa/bills/cbill/2010-2012/0216/2012216.pdf Text of the Bill
  2. http://services.parliament.uk/bills/2010-11/policedetentionandbail/stages.html Police (Detention and Bail) Bill
  3. https://www.theguardian.com/law/2011/jul/04/police-bail-emergency-bill-parliament Police bail emergency bill to be rushed through parliament on Thursday
  4. http://www.epolitix.com/latestnews/article-detail/newsarticle/emergency-bill-on-police-bail/ Emergency bill on police bail
  5. https://publications.parliament.uk/pa/cm201012/cmvote/110705v01.htm House of Commons Votes and Proceedings - 5 July 2011
  6. https://publications.parliament.uk/pa/cm201012/cmvote/110707v01.htm House of Commons Votes and Proceedings - 7 July 2011
  7. R (on the application of Manchester Police) v Hookway & Another. EWHC. Admin. 2011. 1578. 19 May 2011. auto. auto.
  8. https://www.bbc.co.uk/news/uk-13957873 Bail suspects 'could be released' after court ruling
  9. United Kingdom . Police (Detention and Bail) Bill: second reading . House of Commons . 7 July 2011 . 1681 . . Home Secretary.
  10. United Kingdom . Police (Detention and Bail) Bill: second reading . House of Commons . 7 July 2011 . 1691 . . Shadow Home Secretary.