Better protection for victims under pre-charge bail reforms

Date published: 05 November 2022


Victims of crimes like domestic abuse and sexual assault will be better protected following arrests of perpetrators under new provisions collectively known as ‘Kays Law’.

The reforms, which have now come into force, will mean police have a duty to take into account the views of victims before releasing someone on bail. Police will be encouraged to use pre-charge bail instead of releasing suspects under investigation, where it is necessary and proportionate.

‘Kay’s Law’ is named after Kay Richardson, who was tragically murdered by her estranged husband after he was released under investigation, following his arrest for sexual offences against Kay.

In 2019, the government launched a review of pre-charge bail legislation which led to the reforms being implemented this week, including the new duty which aims to provide better protection for victims like Kay.

The measures were introduced as part of the Police, Crime, Sentencing and Courts Act.

Kay’s Law comes as the second phase of the ENOUGH campaign, tackling violence against women and girls, also launches.

‘ENOUGH ’aims to provide bystanders with a range of safe ways to intervene if they witness an incident of violence against women and girls, ranging from sexual harassment on the street, public transport or at work, to unwanted touching, sharing intimate images of someone without their consent and coercive control in a relationship.

The Minister for Safeguarding, Mims Davies said: “There is no place in our society for cowardly acts of violence against women and girls.

“Abuse comes in many forms, and by standing against all of them, and holding perpetrators accountable, we can create a society where women and girls are safe.​  

“This campaign, as well as our crucial reforms to pre-charge bail under Kay’s Law, is part of this vision. However, there is more to be done, and I am committed to continuing this vital work.”

Deniz Uğur, Deputy Director of the End Violence Against Women Coalition (EVAW), said: “We welcome this next phase of the government’s Enough campaign to tackle male violence against women and girls, something the End Violence Against Women Coalition has campaigned for years. We know that without shifting the attitudes behind male violence against women, this violence won’t end.

“We’re pleased to see the Enough campaign focus on what everyone in society can do to end violence against women, because too often, campaigns are targeted at women and wrongly place the responsibility on us to ‘keep ourselves safe’. But ending violence against women is everyone’s business. We want to see men and boys actively engaged in this conversation, because we should all be able to take action and hold each other accountable.

“Preventing violence is always better than waiting until harm has been done to act. Achieving this requires a genuine commitment, because this work takes time and needs dedicated and long-term resourcing.”

Farah Nazeer, Chief Executive of Women’s Aid said: “We were pleased to help support the development of the Home Office’s Enough campaign, to raise awareness of violence against women and girls and encourage people to stop everyday abuse and harassment. Everyone has a role to play in ending violence against women- whether it takes place in the home or in public- and we must all step up and play our part. By changing public attitudes and challenging everyday misogyny and sexism, we can all help to make society a safer place for women and girls.”

The campaign directs people to a website https://enough.campaign.gov.uk where there is information and examples of how to intervene safely if you witness violence against women and girls. It also provides information on support services, how to report violence to the police and offers guidance for individuals worried about their own behaviour.

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