POL00158978
POL00158978
ROYAL MAIL SECURITY
ROYAL MAIL SECURITY INVESTIGATION CIRCULAR 4-2011
Date: 30th June 2011
Issued to: All Royal Mail Group Security Investigators
SUBJECT: POLICE BAIL UNDER THE POLICE AND CRIMINAL EVIDENCE ACT
1984
As you will no doubt have heard in the media there has been a recent judgement in the
High Court, which ruled that the Police and Criminal Evidence Act 1984 (PACE) only
allows a person to be held in police custody for a maximum of 96 hours, from the time
that their custody was authorised at the Police Station, this time being the “relevant time”.
In the past the police took the view that the 96 hours could be divided into separate
periods of custody with the periods being separated by police bail, as long as the total
time in custody did not exceed 96 hours. The High Court ruled that PACE 1984 only
allows the police 96 hours in custody from the relevant time and that this time ran
continuously.
As such in accordance with the ruling the police will now in effect have to charge or
release a detainee from custody because in most cases it will not be practicable to bail
them to a time within the 96 hours.
It is not clear to what extent the ruling will be acted upon by the different Police forces
and but it is thought that they will be reluctant to bail detainees. Accordingly in Royal
Mail cases (England and Wales only) the Investigator must be guided by the Custody
Officer. Of course the options without bail will be to release the detainee from custody
and if appropriate inform them that the case is likely to proceed by summons or charge
them.
If it is considered that a person should be charged advice must be sought from the
imi (CLT) beforehand. If out of hours, the CLT can be contacted on
Investigators is Northern Ireland should note the content of this circular as this ruling may
well have a bearing on the Police and Criminal Evidence (Northern Ireland) Order 1989
and Police bail in Northern Ireland.
For further information or qu
Mick Matthews Tele
about the content of this Circular please contact:
ior Postline: i