Police (Detention and Bail) Act 2011
| Act of Parliament | |
| Long title | An Act to make provision about the calculation of certain periods of time for the purposes of Part 4 of the Police and Criminal Evidence Act 1984. |
|---|---|
| Citation | 2011 c. 9 |
| Introduced by | Theresa May, Home Secretary (Commons) Baroness Browning, Minister of State for Crime Prevention and Antisocial Behaviour Reduction (Lords) |
| Territorial extent | England and Wales |
| Dates | |
| Royal assent | 12 July 2011 |
| Commencement | Amendments deemed to have had effect from 1 January 1986, other provisions on 12 July 2011 |
| Other legislation | |
| Relates to | Police and Criminal Evidence Act 1984 |
Status: Current legislation | |
| History of passage through Parliament | |
| Text of statute as originally enacted | |
| Text of the Police (Detention and Bail) Act 2011 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The Police (Detention and Bail) Act 2011[1] (c. 9) is an act of the Parliament of the United Kingdom that amends those sections of the Police and Criminal Evidence Act 1984 relating to the detention of criminal suspects by police forces in England and Wales.[2][3][4]
Background
The legislation was in response to the decision of McCombe J in R (on the application of the Chief Constable of Greater Manchester Police) v Salford Magistrates' Court and Paul Hookway.[5][6] Home Secretary Theresa May called the ruling one of "great concern".[7]
Legislative passage
The emergency nature of the act meant it completed its parliamentary passage at a significantly expedited speed, being introduced to the House of Commons on 5 July[8] and completing its stages just two days later,[9] before being passed by the House of Lords and receiving royal assent on 12 July.
Provisions
The act had retrospective effect, a decision supported by Liberty. In debate in the House of Commons, this was supported by all sides, on the grounds that the mistaken interpretation was the one intended by Parliament and relied on by police for the last 25 years; allowing the correct interpretation to stand would jeopardize tens of thousands of ongoing investigations[10] and a vast number of historic convictions.[11]
Notes
- ^ Text of the Bill Parliament.uk
- ^ Police (Detention and Bail) Bill Parliament.uk
- ^ Association, Press (4 July 2011). "Police bail emergency bill to be rushed through parliament on Thursday". The Guardian. ISSN 0261-3077. Retrieved 28 January 2026.
- ^ Emergency bill on police bail Epolitix.com
- ^ R (on the application of Manchester Police) v Hookway & Another [2011] EWHC 1578 (Admin) (19 May 2011), High Court (England and Wales)
- ^ "Police Bail Legislation To Be Passed By Commons". HuffPost. 3 September 2011 [2011-07-04]. Retrieved 28 January 2026.
- ^ "Bail suspects 'could be released' after court ruling". BBC News. 29 June 2011. Retrieved 28 January 2026.
- ^ House of Commons Votes and Proceedings - 5 July 2011
- ^ House of Commons Votes and Proceedings - 7 July 2011
- ^ Theresa May, Home Secretary (7 July 2011). "Police (Detention and Bail) Bill: second reading". Parliamentary Debates (Hansard). United Kingdom: House of Commons. col. 1681.
- ^ Yvette Cooper, Shadow Home Secretary (7 July 2011). "Police (Detention and Bail) Bill: second reading". Parliamentary Debates (Hansard). United Kingdom: House of Commons. col. 1691.