Differences between Pre-charge bail (PCB) and Release Under Investigation (RUI)

Freedom of information request reference no: 01.FOI.22.023236

I note you seek access to the following information:

My request relates to the differences between pre-charge bail (PCB) and Release Under Investigation (RUI), before and after the Policing and Crime Act 2017 (PCA 2017).

1. Before PCA 2017, when a suspect was released on PCB, and subsequently failed to appear at the police station on the specified date, what were the methods available to police/CPS/courts to locate and arrest the individual? E.g. flagged on Police National Computer, warrant etc. Please also specify type of warrant and relevant legislation if applicable.

2a) After PCA 2017, when a suspect is RUI, if a charging decision is made, what methods do police/CPS/courts have to transmit this information to the suspect? E.g. summons, arrest at home address etc.

2b) What happens if the suspect is unable to be located/served? E.g. flagged on Police National Computer, warrant etc. Please also specify type of warrant and relevant legislation if applicable.

Decision

I have today decided to disclose the located information to you in full.

Please find below information pursuant to your request above.

Q1 - Before PCA 2017, when a suspect was released on PCB, and subsequently failed to appear at the police station on the specified date, what were the methods available to police/CPS/courts to locate and arrest the individual? E.g. flagged on Police National Computer, warrant etc. Please also specify type of warrant and relevant legislation if applicable.

Pre-Charge Bail has historically been challenging legislation to work cohesively with “Live” investigations. This was largely due to the time remaining on the suspect’s PACE detention clock. Officer In charge (OIC) would need to be ‘Charge Ready’ when arresting and bringing the detainee into custody for Charging. In the circumstances in which the PACE clock had lapsed the OIC would summons or postal charge requisition (PCR) the suspect to court. In the circumstances where a suspect had failed to attend the police station for charging a Charging File would be created and the suspect would be circulated on PNC, the offender management unit would actively seek to locate and arrest the suspect to be presenting to the next available court sitting.

Q2a - After PCA 2017, when a suspect is RUI, if a charging decision is made, what methods do police/CPS/courts have to transmit this information to the suspect? E.g. summons, arrest at home address etc.

In the circumstances where a Suspect has been RUI’d they will be sent a Postal Charge (Summons) via 1st class post requiring their attendance at court. The serving of a Postal Charge Requisition can be on the suspects’ legal representative.

An issue may arise where a Suspect is currently released on RUI’d and an arrest and/or remand into custody is necessary due to the potential risk they pose to the public or likelihood to abscond justice. This will require an arrest warrant granted by a Magistrates Court in order to arrest/detain the suspect rather than waiting for their court date.

Q2b - What happens if the suspect is unable to be located/served? E.g. flagged on Police National Computer, warrant etc. Please also specify type of warrant and relevant legislation if applicable.

A suspect will be circulated as “Wanted” with an arrest warrant issued by the court under Section 1 Magistrates Court Act 1980. This will include circulation on the PNC and the local offender management unit will take active steps to locate, arrest and present the suspect at the next available court sitting.