Overview

This bill, the Police (Detention and Bail) Act 2011, clarifies how time spent on bail is calculated within the existing Police and Criminal Evidence Act 1984. The amendment ensures that time spent on bail is not counted towards the maximum period a suspect can be detained by police.

Description

The bill amends sections 34 and 47 of the Police and Criminal Evidence Act 1984. Specifically:

• Section 47 (Bail after arrest): The amendment adds a clause stating that any time a suspect spends on bail will not count towards their maximum detention time.
• Section 34 (Limitations on police detention): The amendment clarifies that Section 47(6) (the new bail calculation rule) applies when calculating the maximum detention period.
• Retroactive Effect: The amendments are deemed to have always been in effect.

The overall aim is to ensure that the time spent on police bail does not affect the overall period a suspect can be lawfully held in police custody.

Government Spending

The bill is not expected to significantly impact government spending. The changes are procedural, clarifying existing legislation rather than introducing new programs or expenditures.

Groups Affected

This bill primarily affects:

• Suspects: The bill ensures that time spent on bail does not count towards their maximum detention time under police custody, potentially benefiting them.
• Police: The bill provides clearer guidelines for calculating detention time, potentially improving efficiency and reducing legal challenges.
• Lawyers and Courts: This bill provides more clarity on bail calculation, helping with legal interpretation and proceedings.

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