Amendments taken to the Lords on 16th November potentially correct the problems raised by Lydia Pearce's summer article in Criminal Law and Justice Weekly.
Lydia Pearce's article of June 2016 raised the paradox inside the new bail provisions. Whilst one part of the bill stated that the initial bail period was limited to 28 days exactly, another part stated that the initial bail period could be upto 28 days.
This argument was taken forward to the Home Office by the NPCC following its publication. After a series of meetings the Home Office conceded the error in the drafting of the bill and the new amendment , released on 16th November includes additional guidance clarifying that whilst the initial bail period is 28 days exactly, the bail date itself can be assigned to any date within that 28 day window.
A new copy of Guidance to Pre-Charge Bail, incorporating these latest changes will be made available shortly.