HC Deb 05 December 1974 vol 882 cc579-80W
Mr. Grylls

asked the Secretary of State for the Home Department how the staff of the bail hostel at Lady Margaret Hall Settlement, Kennington Road, SE11, will ensure that the accused people do not leave the hostel during the night; and what instructions have been issued to the wardens as to what to do if they do leave.

Dr. Snmmerskill

Courts are advised that it should be made a condition of the grant of bail to a person who is to reside at a bail hostel that he must reside there, will be required to remain living there until such time as he returns to the court, and must not live at any other address without the permission of the court. A further recommended condition is that a person living at a bail hostel must comply with the house rules and regulations, one of which is that residents must not stay out all night and must return to the house not later than a stated time, at which hour the doors are locked.

A person living at a bail hostel is not in custody and cannot be physically restrained if he is determined to leave. Under Section 23 of the Criminal Justice Act 1967 a constable has power to arrest any person who is admitted to bail if he has reasonable ground for believing that the person is likely to break the condition that he will appear at the time and place required or any other condition on which he has been admitted to bail, or has reasonable cause to suspect that that person is breaking or has broken any such other condition. The authorities of a bail hostel would inform the police if they thought that a situation had developed or might develop which suggested that there might be a case for the invocation of this power.

Mr. Grylls

asked the Secretary of State for the Home Department if he will specify the categories of alleged offenders to be admitted to the bail house at the Lady Margaret Hall Settlement in Kennington Road, London SE11.

Dr. Summerskill

The bail hostel will be open only to women.

The management committee will be able to express a view to the court as to the suitability of a person for admission to the bail hostel.

But it is my right hon. Friend's intention to evercise his power under Section 49(2) of the Powers of Criminal Courts Act 1973 to make a rule applicable to bail hostels similar to Rule 9 of the Approved Probation Hostel and Home Rules, 1949. This will have the effect that, if the court, notwithstanding advice from the committee that a person is unsuitable, decides to remand him to the hostel, the committee will not have power to refuse admission except with the consent of the Secretary of State. However, experience of existing probation hostels, and the few bail hostels so far opened, suggests that courts very rarely seek to impose on hostels residents considered by the management committee to be unsuitable.

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