The Police (Detention and Bail) Act 2011 (c. 9) is an Act of the
Parliament of the United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
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.
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 and completing its stages just two days later, before being passed by the House of Lords and receiving
Royal Assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...
on 12 July.
The legislation was in response to the decision of
McCombe J in ''R (on the application of the Chief Constable of
Greater Manchester Police
Greater Manchester Police (GMP) is the territorial police force responsible for law enforcement within the metropolitan county of Greater Manchester in North West England.
, Greater Manchester Police employed 6,866 police officers, 3,524 memb ...
) v Salford Magistrates' Court and Paul Hookway''.
Home Secretary
The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all national s ...
Theresa May
Theresa Mary May, Lady May (; née Brasier; born 1 October 1956) is a British politician who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 2016 to 2019. She previously served in David Cameron's cabi ...
called the ruling one of "great concern".
The Act had
retrospective effect, a decision supported by
Liberty
Liberty is the ability to do as one pleases, or a right or immunity enjoyed by prescription or by grant (i.e. privilege). It is a synonym for the word freedom.
In modern politics, liberty is understood as the state of being free within society fr ...
. 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 and a vast number of historic convictions.
Notes
{{UK legislation
English criminal law
Law enforcement in England and Wales
Codes of criminal procedure
United Kingdom Acts of Parliament 2011
Bail