Police are urgently reviewing the cases of tens of thousands of crime suspects following a court ruling which restricts officers to bailing suspects for up to 96 hours before they have to be charged or released completely.

Police are urgently reviewing the cases of tens of thousands of crime suspects following a court ruling which restricts officers to bailing suspects for up to 96 hours before they have to be charged or released completely.
The ruling – made by a district judge at Salford Magistrates’ Court and upheld in the high court by Mr Justice McCombe – overturns the previous system, under which suspects could only be detained in the police station for a maximum of 96 hours (four days) but were regularly released on bail for weeks or months while further enquiries are made and then brought in later for more questioning.
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But under the new rules, bail will be included as time in police custody and if no charge has been issued within four days, suspects will have to be released and can only be arrested again if new evidence is found. Police are concerned that thousands of criminals from shoplifters to murderers could escape prosecution if they cannot be charged within the shortened timeframe.
Sir Norman Bettison, chief constable of West Yorkshire Police, said that police forces were running around “like headless chickens”.
“It’s on the verge of a disaster now because the question being asked by my custody sergeants is, ‘What do we do, boss?’,” Sir Norman said.
“I cannot countenance turning people away from the charge office and telling them all bets are off and they are free to go ... my holding position with my officers is that I can’t believe this is what was envisioned,” he said, adding that the force was awaiting advice from the CPS.
Sir Norman said that West Yorkshire police, which represents 5 per cent of the national force, currently has around 4,260 suspects on bail – meaning that around 85,200 suspects are on bail around the country.
The only route to appealing the ruling is through the Supreme Court, which has confirmed that this case has been lodged. However, there is likely to be a significant delay since the three justices who will decide whether the case should be heard by the court have until the end of July to make their decision.
Theresa May, home secretary, acknowledged that the ruling was a matter of “great concern”, and said she was working with the Association of Chief Police Officers on how to advise the police.
“There may be an opportunity to appeal this decision,” Mrs May said. “We are also looking at whether or not it’s necessary to introduce legislation in order to deal with this issue. We are conscious of the concerns this judgment has brought in terms of operational policing.”
The ACPO’s lead for custody, assistant chief constable Andy Adams, said the ruling had a “profound impact” on how police worked and changed the system that had operated for the past quarter of a decade.
“This issue needs clarification so that all those involved in the administration of justice can be clear about the impact and consequences,” Mr Adams said. “We are working in partnership with colleagues across the criminal justice system, particularly the Crown Prosecution Service, and have commissioned a QC to advise on the ruling and its impact on policing.”
“We are working with the Home Office to seek to reduce any immediate impact before the expedited hearing at the Supreme Court,” he added.

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