Release Under Investigation

Bambos Charalambous Excerpts

Wednesday 5th February 2020 Westminster Hall

[Bambos Charalambous (Enfield, Southgate) (Lab)]

I beg to move,

That this House has considered the use of release under investigation.

It is a pleasure to serve under your chairmanship, Sir David. I am grateful to all Members who have come along to this debate about a dangerous situation that has arisen in our justice system—a situation that poses a threat to both victims of crime and those who stand accused of committing them. I speak, of course, about the use of release under investigation.

It is ironic that a lot of attention has been paid recently to the dangers of early release; release under investigation poses at least as many questions, if not more, but it has received far less attention from the Government and the media. Unintended consequences and austerity have combined to create a dire situation. Rather than helping serve justice, RUI hinders justice and puts victims of crime in danger. It is creating a situation in which justice delayed is becoming justice denied. However, there are some straightforward solutions, and I will be interested to hear the Minister’s response and reaction to them. I will start by explaining the current use of release under investigation and outlining the problems surrounding it for victims and suspects. I will then outline suggestions by the Law Society and the Bar Council for improvements in the system.

The first important point to make is that being released under investigation is different from being released on police bail. When a person is released on bail, they are subject to certain conditions. For instance, they may be required to live at a particular address, not to contact certain people, to give in their passport so they cannot leave the UK, or to report to a police station at an agreed time—perhaps once a week. With release under investigation, the situation is dramatically different. The accused is released with no time limit—it could be for weeks, months or years—and is not subject to any conditions at all. That means the accused is free to contact anyone, including their alleged victim, and to go anywhere, including leaving the UK. It also means that those who are falsely accused can be left in a state of limbo for years, not knowing whether they will stand trial.

[John Howell (Henley) (Con)]

I am listening intently to the hon. Gentleman. In the Thames valley, the number of people on police bail dropped to 379 in 2018, while the number on RUI increased to more than 11,000. Police bail just is not being followed. Does he share my concerns about that?

[Bambos Charalambous]

The hon. Gentleman is absolutely right. I will come to that point later. The use of police bail has dropped dramatically, and the use of RUI has increased exponentially. That is partly because police bail is out of date, but I will come to that.

As I said, justice delayed becomes justice denied. Before we consider all the implications of those stark facts, let me draw attention to the huge increase in the use of release under investigation. All evidence suggests that the use of RUI has expanded massively since changes to bail introduced by the Policing and Crime Act 2017. In London, for instance, 67,838 people were released on bail in 2016-17. In 2017-18, that number fell to 9,881, yet the number of people released under investigation in the same period was 46,674. That indicates that RUI is being used to replace bail. The checks and balances of the bail system are being swept away by a system that has neither.

The picture is incomplete, because only 20 of the 44 police forces in England and Wales have released data on RUI. However, despite the patchy data, a clear pattern emerges. For instance, in Nottinghamshire, the Thames valley and Cheshire, as in London, the number of people on bail has plummeted, while the number released under investigation has skyrocketed. Worryingly, the Bar Council estimates that the number of offenders suspected of violence against people or of sex offences who are released under investigation has risen from 1,300 in 2016 to 27,000.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

The hon. Gentleman is making a powerful point. Is not the real rub that because of the exchange in effect of bail for RUI, two safeguards are lost? The first is the protection of the accused in relation to the review process and time limits that go with bail and the ability to argue a case, and the second is the protection for the victim, who cannot have, for example, non-contact or address conditions attached? There is also, in terms of general public protection, the risk of reoffending. Is that not what Assistant Commissioner Ephgrave meant when talking about the unintended consequences?

[Bambos Charalambous]

The hon. Member makes an excellent point. It is the loss of those safeguards after the Policing and Crime Act introduced RUI, in effect to replace bail, that I am highlighting in my speech. It is easy to understand why this has happened: huge reductions in police and Crown Prosecution Service resources under austerity make it extremely difficult for evidence to be collected within the timeframes imposed by bail conditions.

[James Daly (Bury North) (Con)]

I am a former criminal legal aid defence solicitor, and in preparing for the debate I spoke to a number of colleagues still involved in the area. They say that people can be in the RUI process for more than 12 months, but from the start, when a statement is taken by the police, to the end, 12 months later, the statement and evidence are the same—nothing happens between the two dates. Therefore, a charging decision could have been made right at the start rather than after a prolonged wait. I would welcome the hon. Member’s comments on that.

[Bambos Charalambous]

I agree with the hon. Member, who is entirely right about the taking of the statement, which provides the potential for charging early on. However, there is an issue with collecting digital data held on phones and other devices, which may need investigation. I will come to that.

Decreasing police resources make it increasingly difficult to complete investigations within a 28-day period as required under bail. When introducing RUI at Second Reading of the Policing and Crime Bill, the then Home Secretary, the right hon. Member for Maidenhead (Mrs May), said:

“In the case of pre-charge bail, it is apparent that a significant number of individuals have spent an inordinate amount of time on bail only to end up not being charged or, if charged, found not guilty. Of course, the police and prosecution need time to assemble and test the evidence, particularly in complex cases, before coming to a charging decision, but we need to recognise the stress caused when people are under investigation for prolonged periods, and the disruption to their lives where they are subject to onerous bail conditions.”—[Official Report, 7 March 2016; Vol. 607, c. 45.]

However, the added time flexibility in the justice system given by release under investigation is coming at a dangerous cost. The available data indicates that tens of thousands of dangerous individuals are being investigated for a crime under no conditions and with no time limit. Victims can be targeted again by a perpetrator, and some case studies demonstrate that that is happening.

The super-complaint from the Centre for Women’s Justice detailed case studies of victims of domestic violence and rape. A woman in Yorkshire reported her ex-husband for repeatedly raping her during their 13-year marriage. He was released by the police after interview with no conditions. He forced his way into her house at 2 am, held her hostage for five hours, cut her with a broken glass and tied her to a table.

The Law Society has also uncovered examples. A solicitor’s client, who had been arrested for rape and bailed, was accused of a further sexual offence against the same complainant. They were placed under RUI for the original rape accusation due to bail not being extended. Let us consider that for a moment: an alleged rapist is left entirely free to contact, intimidate and even attack their victim again. That is an utter failure of the system. Here is another example: an individual in the west midlands was arrested for murder and then placed on bail, but after the bail expired they were placed under RUI. Again, a potentially extremely dangerous individual is left entirely free to commit a crime or intimidate witnesses.

How can that be acceptable? I argue that it is not. The bail system is not perfect by a long stretch, but allowing possibly tens of thousands of dangerous criminals to be entirely free to reoffend before a trial is dangerous—especially for the victims of domestic violence. It is a sad but known fact that virtually all domestic abuse-related crimes are of a repeat nature. It is therefore essential that bail conditions are used to safeguard victims while an investigation is ongoing, yet the big reduction in the use of bail and the huge increase in RUI means that highly dangerous offenders are released while investigations are ongoing. As Women’s Aid points out, there is absolutely nothing to stop highly dangerous domestic abusers contacting their victims or going to their homes.

Again, it is clear that part of the problem relates to a severe lack of resources and cuts. Because the initial bail period is only 28 days, an extension must be approved by a superintendent. That procedure imposes a big administrative burden on police forces, who, it seems, therefore avoid using bail altogether and instead release suspects under investigation. Unless the police are given sufficient resources to investigate crimes, the use of RUI will continue to spiral.

It is clear that RUI is creating a situation where vulnerable victims may be made more vulnerable and their lives placed in danger, but, looked at from the other side, its use is also grossly unfair to those accused of committing a crime and yet to be found guilty. They are essentially left in limbo for long periods—sometimes more than a year—with no updates or no indication from the police about if or when the case will progress.

I recently spoke to a barrister in my constituency who said she has a client who stands accused of serious sexual violence along with others. The allegation was made within 24 hours of the incident in 2017. All the suspects were arrested and interviewed within a matter of weeks, and they were all released on RUI. The investigation continued, but the defendants were not charged until the beginning of 2019. The trial has been fixed for a date in 2020, almost three years after the allegation was made. There can be little doubt that both the complainant and the defendants will be affected by that significant and serious delay.

[Andy Slaughter (Hammersmith) (Lab)]

I congratulate my hon. Friend on drawing our attention to this matter. He is eloquently showing why RUI is almost totally failing to achieve anything. Has he worked out what it is intended to achieve? From what he has said so far, it appears simply to be a way to take pressure off the police as a consequence of their not having the resources to investigate crimes.

[Bambos Charalambous]

My hon. Friend makes an excellent point. I think that was the intention. At the time, there were significant cases where bail was constantly extended, so it was designed to allow the police to investigate further, but it has had an adverse effect and needs to be reformed.

In another case study, my constituent said that she has a youth client who has been subject to RUI for more than 15 separate investigations. It has not been possible to find out the details of each RUI or the status of the investigations. Accordingly, her client could end up being charged after he turns 18 in relation to allegations that date back to when he was 16. If that happens and he pleads or is found guilty, the court will not be able to impose any youth sentences such as referral orders or youth rehabilitation orders. Under the law, we have an important principle of innocent until proven guilty. It is not reasonable for suspects or victims to have to put up with such delays. Again I repeat: justice delayed becomes justice denied.

Data from police forces that have provided it shows that the average time people are subject to RUI is shockingly long, ranging from 114 to 228 days. There are cases where RUI has gone on for years. Let us pause for a minute and consider the impact of that on suspects—let us remember, they remain innocent until proven guilty. They are left unaware of what is happening with their case, whether they remain a suspect or whether the police are even investigating their case. Such uncertainty creates enormous stress, which can impact on personal and family lives as well as employment.

The Law Society has unearthed case studies that illustrate that. In one case, an elderly man was interviewed about allegations of sexual abuse in a care home in 2015-16 and released under investigation. He received no updates on the case despite five letters from his solicitor to the CPS. The man, now aged 82, was finally told at the start of June 2019 that he would not be prosecuted. Unsurprisingly, the length of the process placed extreme strain on the man and his wife, who is seriously ill.

As I said at beginning of the debate, some straightforward changes to the system could be implemented. I am glad that the Government are embarking on a review, and I was heartened to hear that they today agreed to commence their consultation on pre-charge bail. It is pleasing to see that, in the consultation document, they recognise the impact of longer investigations, the need for better resourcing and the need for regular updates to victims and the accused on RUI. I would be interested to know more about their proposed new framework following the consultation, and I hope that my speech today is considered part of that consultation.

[James Daly]

Does the hon. Gentleman feel there is any merit in going back to the system that I well remember—of giving the custody sergeant the right to charge for certain offences? The question, which the hon. Gentleman is eloquently putting across, is about the delay in investigations. In my experience, an investigation can be done in the first 24 hours in the vast majority of cases, as very little changes. X says Y has done it, and Y says, “I haven’t done it,” and that is it for the majority of cases. The idea that most cases are extremely complex and need weeks, or even months, to be reviewed is not correct. In my view, we should go back to the old system, where the custody sergeant was able to assess the evidence there and then. From my experience over many years, that did not do justice any harm whatever.

[Bambos Charalambous]

The hon. Gentleman makes an excellent point. We need to review the process that takes place before charging, but we now live in an age where more information has to be collected from phones and digitally, which takes up a fair amount of resources.

It is vital that the following issues are taken into account by the Government. First, it is essential that RUI incorporates time limits. It is understandable that the bail system needed reform. Time limits attached to bail have often been unrealistic in terms of dealing with huge amounts of digital and social media evidence, which is now often relevant to cases. It has been suggested to me by a senior police figure that a longer and staggered time period, with different levels of approval, might make bail work better. However, it is still essential that time limits of some kind are brought into the RUI system so that victims and suspects are no longer left in limbo. For these time limits to work, it is also vital that the police, the CPS and criminal lawyers are properly resourced.

Secondly, while the promised increase in police numbers by the Government is welcome, there must also be proper resourcing for the collection and sorting of evidence, especially where it is stored digitally or where forensic analysis is required. The Government must ensure that procedures and funding fit for the 21st century are in place.

Thirdly, it is imperative that certain categories of crime are excluded from the RUI system. It is entirely inappropriate for suspects accused of domestic violence, violent crime or sexual violence to be placed under RUI.

[Sir Robert Neill]

The hon. Gentleman is making an impressive speech. Could his last point be dealt with by reforms to the codes of practice set out by the Police and Criminal Evidence Act 1984, to say that the use of RUI must be proportionate? If an offence were of the nature that it would attract unconditional bail, RUI might be a convenient way forward, but it is almost inconceivable that people charged with violent or sexual offences would be released on unconditional bail. In such cases, there would normally be a non-contact condition or a condition of residence—something of that kind. It would be simple to take those offences straight out of the system and go back to bail, to the benefit of everybody.

[Bambos Charalambous]

The hon. Gentleman makes an excellent suggestion. I hope the Minister takes note of that and that it is fed into the consultation.

Finally, it is vital that where RUI is used, some conditions can be imposed. There should be a mechanism for knowing where suspects are and for preventing them from being in contact with alleged victims and witnesses. All parties should kept updated at regular intervals.

To conclude, we must uphold the two vital principles of our justice system: justice delayed must not become justice denied, and everyone has a right to be regarded as innocent until proven guilty.

--- Later in debate ---

[Bambos Charalambous]

It is pleasing to hear the comments from the Minister. Following the consultation, many of the issues will hopefully be addressed. He will have seen the cross-party consensus on the concerns about RUI. We will wait and see what comes forward from the consultation.

I still have some concerns, because some of the delays are not necessarily down to police resources, but resources elsewhere. For instance, the collection of data and forensic data may be handled elsewhere, so it could be that additional staff who are not necessarily frontline police officers need to deal with that. That issue needs to be looked at. The Minister mentioned the possible extension of timescales from 60 to 90 days. There is a police resourcing issue there in terms of whether that should be dealt with by a superintendent or by somebody at inspector level. That needs to be teased out as well. We need to put suspects and victims at the heart of this, as well as the general public. That needs to be front and centre of any reforms, but I welcome his comments, and I hope we see reform following the consultation.

Question put and agreed to.

Resolved,

That this House has considered the use of release under investigation.