Sexual Offences

(asked on 20th September 2022) - View Source

Question to the Home Office:

To ask the Secretary of State for the Home Department, under what conditions a suspect of serious sexual offences released under investigation can be (a) given post charge bail conditions or (b) remanded.


Answered by
Jeremy Quin Portrait
Jeremy Quin
This question was answered on 23rd September 2022

Individuals who are Released Under Investigation (RUI) cannot have bail conditions set against them. RUI is a non-legislative police process which does not allow police to include conditions as part of a suspect’s release.

Before the suspect has been charged, police can use pre-charge bail where it is necessary and proportionate. This may be subject to certain conditions, for example, non-contact with the victim.

If charged, the police can apply post-charge bail. Post-charge police bail is governed by the Police and Criminal Evidence Act 1984. The courts can also impose post-charge bail under the Bail Act 1976, with conditions if appropriate.

Decisions on whether to remand a suspect are risk-based and include where there are grounds to believe that the suspect will not attend court, may commit another offence or obstruct the course of justice. Suspects will not be remanded unless the strict circumstances apply.

The Government has introduced legislation to reform the bail system to reduce the use of RUI and increase the use of bail. This will help to ensure that bail, including conditional bail, is used to adequately protect victims. Guidance will be issued by the College of Policing to accompany these changes.

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