Now it has been discovered that there is a problem with PACE 1984 in that you cannot extend the period of bail beyond 96 hours. Previously the police had thought that you could interrupt the detained person's spell in custody, bail the detained person, continue the investigations and ask the person to come in when the investigations were complete. Now the Manchester case has meant that the police cannot bail at all unless the suspect completes the whole pace clock within the contemporaneous 96 hour period.
So what my suggestion is to this is that PACE is changed so that it cycles over a 14 day period and during that period the police have to complete the whole of their investigations with the detained person OR release them without charge (excepting that they can be re-arrested on the presentation of new evidence but then that was always the case anyway).
Further to this that the following rules apply:-
Custody Sgt authorised custody - 0 to 72 hours.
Superintendent Extension 72 hours to 96 hours.
Magistrate extension - 96 to 336 hours.
At any time during this period a detained person can be released on bail and asked to report in once every 24 hours or 48 hours. At the end of the period, if no new evidence is adduced, then the investigation terminates and the person is released without charge.
This solution gets round the problem of bail; it allows the police long enough to carry out their enquiries in most cases (including PACE interviews) and it allows the freeing up of cell space because most detained persons can be bailed up to 14 days. I think it is a commendable solution and I would think that the Ministry of Justice would take it on board. I have written to them with brief details and also to my Member of Parliament, John Denham.
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