Letter from Mark Rowley QPM, Assistant Commissioner, Metropolitan Police,

to the Chair of the Committee, 12 January 2016

1.        Thank you for your letter of 6th January 2016, relating to bail conditions for those arrested for alleged terrorism related offences. As you rightly note I am unable to provide either written or oral evidence in relation to specific individuals that may be subject to an ongoing investigation. Instead I hope that this letter covers the wider aspects you raise in your letter in relation to bail and abscond/travel to Syria. This includes an important distinction between pre-charge and post charge bail.

A)      A person is arrested on terrorism-related offences

2.        Depending on the circumstances the police will make a decision on whether to arrest an individual under TACT (Terrorism Act 2000) or PACE (Police and Criminal Evidence Act 1984 legislation) for terrorism-related offences. Where individuals are engaged in wider criminal activity (either CT or non CT related) these offences can be investigated using PACE arrest provisions. This also provides a useful way of disrupting their harmful extremist behaviour or where evidence in relation to these offences is more accessible. Sometimes arresting an individual is necessary in order to pursue investigative lines of enquiry. However every effort is made to secure sufficient evidence to bring a charge, but this is not always possible within the 24 hour detention period for PACE. The detention period under TACT legislation is up to a maximum of 14 days.

B)      A person is bailed on terrorism-related offences

3.        If arrested under PACE for a terrorism-related offence, police can impose pre- charge bail with conditions. Section 37 makes provision in relation to the duties which must be performed by a custody officer before charge. Pre-charge bail may be granted:

•      Where there is as yet insufficient evidence to charge a suspect and he/she is released pending further investigation;
•      Where it is no longer necessary to detain a suspect to secure or preserve evidence or obtain it by questioning, yet the police are not in a position to charge, the suspect must be released, but it is open to the police to release him on bail where there is a need for further investigation of any matter for which he is detained;
•      Where the police consider that there is sufficient evidence to charge, but the matter must be referred to the CPS for charging decision alone, as the investigation is complete, whilst bail can be granted, bail conditions are not possible.

4.        The range of conditions potentially to be imposed are broadly the same as those imposed by the court post-charge provided they can be demonstrated in the specific case to be necessary, reasonable, proportionate and capable of being enforced. However the court can impose security and surety that the police cannot.

5.        Under TACT there is no provision to bail an individual pre-charge.

Post-charge:

•      All defendants have a right to unconditional bail after charge (save for defendants charged with murder, manslaughter and certain serious sexual offences where bail can only be granted if exceptional reasons justify it).

•      A defendant may be denied bail if there are substantial grounds for believing that any of the exceptions in Schedule 1 of the Bail Act 1976 are made out. Different exceptions will apply depending on the category of offence. For example the grounds for withholding bail to a person charged with a summary only non- incarceration offence are more limited than for defendants charged with more serious offences.

•      The most commonly argued exceptions to the right of bail are the likelihood of the defendant failing to surrender to bail or committing further offences whilst on bail.

6.        There are occasions where courts will also grant bail and that will be a decision for the judge. The conditions of bail will vary between each individual depending on what is lawful and proportionate, and need to take into account the circumstances of the offence, previous convictions and/or good character.

7.        As with pre-charge bail, a custody officer can, when bailing a person, impose conditions which they consider necessary to ensure that an individual surrenders to custody, does not commit an offence whilst out on bail or does not interfere with witnesses or otherwise obstruct the course of justice. Where the person is under the age of 17 conditions may also be applied for their welfare, or in their own interest. These conditions can apply both pre and post charge and, if imposed, must be justified in writing. The suspect is entitled to a copy of both the reasons and the decision for their bail.

8.        The most common conditions likely to be imposed by a custody officer post charge are:

• A curfew
• Reporting regularly to a police station
• A condition of residence
•      A condition to stay away from a witness or a request for a surety (someone who guarantees the offender’s attendance at court)

C)      A person is ordered to hand their passport/travel documents into the authorities

9.        As a condition of bail the custody officer may deem it necessary for an individual to hand over their travel documents. In this case the police will request an individual surrenders the documents to police within a practical time period. In some circumstances where a passport has not been recovered and is reported as missing an individual may be given a longer period to surrender the necessary documentation. The police have no powers to detain an individual for the sole purpose of obtaining travel documents. The breach of police bail renders the individual liable to re-arrest but carries no penalty.

10.   There are a number of watchlists that an individual deemed a travel risk can be added to, however it is not an automatic procedure for them to be added to a watchlist as a result of bail. Leaving the country may not be a breach of bail. In each case an assessment of the threat is carried out and, where appropriate, an individual may be added to a watchlist.

11.   If it is justified and proportionate, an Officer may make representations to the custody officer in relation to a potential flight risk and request that suitable conditions are imposed on pre-charge bail. This police decision can be appealed by the individual to the Magistrates Court so must always be necessary and proportionate to the matters under investigation.

D)      A person is delayed in handing their passport/travel documents to the authorities

12.  If an individual has been ordered to surrender their passport fails to do so then they have breached the conditions of their bail. However, if police bail is breached there is no criminal penalty, but it does leave an individual liable to re-arrest. It is a police decision to take steps which are lawful and proportionate in relation to the individual in question. In some cases this may be lines of enquiry to locate the individual directly or through associates. In other cases this may trigger an arrest warrant depending on the risk.

13.   Critically, should the police re-arrest an individual for breach of pre-charge bail, then the statutory period of 24 hours allocated to hold them pre-charge will commence from the time already spent in custody. This is vital time for a police investigation, and there may be no new evidence since the original arrest.

Notifying other agencies

14.   In your letter you asked about the notification policy for making other authorities aware of each step in the process. Information is communicated to the Home Office via the standard briefing process; and other authorities as deemed appropriate by the senior investigating officer on a case-by-case basis.

15.   If an individual has been added to any of the UK travel watchlists then this information is accessible to the appropriate department soon thereafter. This will flag individual circumstances and actions required.

16.   If it would be of assistance to you, I can offer a private briefing on specific and more sensitive matters?

Yours sincerely

Mark Rowley QPM

Assistant Commissioner