Report and Recommendations - Scottish Government

procurator fiscal consider that there is insufficient information to justify acharge against a suspect but reasonable suspicion still remains, the only optionis to release the suspect unconditionally during or at the expiry of thedetention period. It may be possible to permit the re-arrest of the suspect forthe same offence 1 , but it would not seem appropriate for the police to questionhim/her further, at least without judicial sanction under the proposed newregime, if the maximum period has already expired. In any event, re-arrestitself may seem unnecessarily draconian if a suspect can be expected to attendat a police station at a particular set time.5.3.6 In England and Wales, section 37(2) of PACE provides that, if the custodyofficer does not consider that there is enough evidence to charge a suspect orthat the suspect’s detention is necessary to obtain evidence by questioninghim/her or otherwise, he/she can release him/her “either on bail or withoutbail”. The custody officer can attach conditions to that release 2 for thepurpose of ensuring that the suspect surrenders to custody at a police station,does not commit an offence, does not interfere with witnesses, does notobstruct the course of justice and makes himself/herself available to assist withcertain enquiries. There is no time limit placed on the length of the liberationand the courts in England and Wales have been reluctant to terminateliberation conditions 3 . Thus restrictions can be placed on a suspect almostindefinitely where there is insufficient evidence to charge him/her, although it1 cf in Ireland, when judicial authority would be required for this; see Criminal Justice Act 1984 s 102 PACE s 47(1A)3 R (on the application of C) v Chief Constable of A [2006] EWHC 2352, see the problems in R(on theapplication of the Chief Constable Greater Manchester Police) v Salford Magistrates Court [2011]EWHC 1578 (admin)126