UKBA has published brand new guidance for Criminal Casework Directorate caseowners on the standard paragraphs available for use in bail summaries.
Bail summaries have always had something of a cut-and-paste feel about them: this is apparent to anyone representing a detainee who has made multiple applications for release on bail. However, BID has serious concerns about the formalisation of this cut-and-paste approach to bail summaries as set out in this new guidance.
For example, in the section on 'Risk of harm' (page 6), the paragraphs contained in the guidance start by offering an explanation of balancing the assumed right to release against the circumstances of each case, especially where the criteria for considering deportation action have been met.
The standard paragraphs in this section then go on to offer a template for stating in a bail summary - without properly considering whether any perceived risk of harm can properly be managed without risking unnecessary detention. For example the section suggests the following standard paragraph: "in this case (insert name) has been convicted of (insert offence) and it is considered that if released he/she will pose an unacceptable risk to the public". This suggests that no matter what the offence, it will be presented as posing a risk of harm, preventing a person’s release from detention. Yet the Crown Prosecution Service (CPS) defines “serious harm’ as meaning “death or serious personal injury, whether physical or psychological” [1].
In our recent research report 'The Liberty Deficit: long-term detention and bail decision-making' (2012), BID stresses the urgent need for the Tribunal to give thorough consideration to issues of risk assessment and the management of risk levels on release, especially where applications for bail come before it from long-term detainees and those with criminal convictions. The UKBA’s new guidance makes a reasoned approach on the part of the Tribunal all the more crucial.
The alternative is what we are left with: a cut-and-paste approach to risk assessment in bail summaries as formalised in this new UKBA guidance, and the clear departure by UKBA from anything resembling an agreed and measurable assessment of criminal risk and the possibility of releasing a person from otherwise indefinite and often long term detention.
[1] In reference to s224 (3) Criminal Justice Act 2003.For more detail see ‘Sentencing Dangerous Offenders’ on the CPS website, available online. The CPS advises that the following offences are considered to involve serious harm and will trigger a risk of serious harm assessment (RO SH). CJA 2003 has a dangerousness provision, lists specified sexual and violent offences that will trigger a RO SH assessment (see Schedule 15 of the CJA 2003): murder, abduction/kidnapping, manslaughter, serious sexual or violent offences against adults or children, serious/repeat driving offences, arson/criminal damage endangering life, GBH with intent to endanger life, unlawful imprisonment,malicious wounding, use of weapons, threats to kill (including attempts, conspiracy, aid/abet).
Downloads
Home Office guidance 'Criminal casework: standard paragraphs for bail summaries'
The Liberty Deficit: long term detention & bail decision making
