Release under Investigation: Metropolitan Police

Opened the debate

I am concerned about the potential for abuse of power by individuals within the Metropolitan Police who may seek to bypass legal processes such as arrests or charges in order to intimidate and silence victims, witnesses, and journalists. This raises serious questions regarding accountability and transparency within the police force. Since the Policing and Crime Act 2017 introduced Release Under Investigation (RUI), there has been a substantial use of RUI by police forces, with the Metropolitan Police being the heaviest users. Sir David is concerned about the stress and strain on individuals who are in limbo for months or even years while their cases remain unresolved. He cited an example where a client under RUI developed a brain tumour and another began experiencing psychotic episodes due to prolonged uncertainty.

Government Response

It is a pleasure to serve under your chairmanship, Mr Paisley. I thank my hon. Friend the Member for Southend West (Sir David Amess) for securing the debate. My right hon. Friend spoke quite a bit about the use of RUI by the Metropolitan Police Service. The statistics for 2017-18 show a discrepancy in the percentage use following an arrest, with some forces nearer to 20% and the Metropolitan police at about 37%. In the force with the highest rate it is nearer to 60%, indicating discrepancies that need addressing. The Government are committed to ensuring that the police have the powers they need to protect the public and to ensure the welfare of vulnerable victims, but changes are needed in this area. Last week, the Lord Chancellor introduced the Police, Crime, Sentencing and Courts Bill which aims to reform pre-charge bail and improve wider confidence in the criminal justice system. The Government made changes to pre-charge bail through the Policing and Crime Act 2017 to address concerns that suspects were on pre-charge bail for long periods under restrictive conditions; these led to unintended consequences, including an increase in RUI use which can leave victims unprotected and suspects without clarity on their situation. To address this, the Government introduced statutory timescales at which the progress of investigations could be reviewed, judicial oversight into the process, and restrictions on pre-charge bail conditions. However, further reform is needed to ensure adequate protection for victims while avoiding lengthy periods of uncertainty for suspects. The Government launched a public consultation in 2020 to understand how they could create a more effective pre-charge bail regime that balances safeguarding with individual rights. Reforms will be brought into effect by the Police, Crime, Sentencing and Courts Bill, encouraging police to use pre-charge bail where necessary and proportionate to do so, considering key risk factors such as victim protection in decision-making processes. A new duty would require the police to inform victims of conditions on suspects and seek their views on these conditions, ensuring that victims have a say in decisions affecting their safety. The Government also recognise the need to bolster victims' confidence in the system and are inserting a new duty requiring the police to consider victim safeguarding when determining bail conditions. To ensure justice for all parties involved, rigorous national statutory guidance via the College of Policing will be issued about the use of RUI. Timescales on pre-charge bail periods will be amended to reflect investigation lengths better, addressing challenges faced by the police in conducting investigations efficiently and effectively. The data available on pre-charge bail and release under investigation will be improved to monitor its use more effectively and ensure justice for victims and those accused of a crime. The Bill aims to reform the pre-charge bail process and remove some disincentives against it, allowing for further protection of victims, clearer timescales for suspects, and more confidence in the system among the police.