It’s amazing what a bit of research can do on Google. Let me run this past you and please correct me if you think i’m wrong or i’ve made a mistake – I am not a professional or a lawyer but it seems to make some sort of sense:
The Court Case
The Bail Hostel at Stonnall Road has been around since the 90’s when it was changed from a Barnados Home into a Bail Hostel. These were to accomodate people on bail – accused of crimes and remanded there by the Courts (see Bail Act 1976). Planning permission to extend this was rejected in the mid 90’s and upheld by the High Court. The report of the Planning Inspector stated:

So thats pretty clear then. Stonnall Road is a bad place to put a Bail Hostel.
Change from Bail Hostel to Approved Premises
Bail Hostels became “Approved Premises” under section 9 of the Criminal Justice and Courts Services Act 2000. Section 9 says:
9 Approved premises
(1) The Secretary of State may approve premises in which accommodation is provided—
(a) for persons granted bail in criminal proceedings (within the meaning of the [1976 c. 63.] Bail Act 1976), or
(b) for, or in connection with, the supervision or rehabilitation of persons convicted of offences.
(2) References in any enactment to an approved bail hostel or approved probation hostel are to be read as references to premises approved under this section.
(3) Regulations may provide for the regulation, management and inspection of premises approved under this section.
(4) The Secretary of State may at any time make payments of any amount he considers appropriate towards the expenditure of any person in carrying on, or enlarging or improving, any premises if the premises are approved under this section or the payment is made with a view to their approval.
Therefore it is clear that because of this legislation the nature of the Bail Hostel changed – now not only holding bailees but also “the supervision or rehabilitation of persons convicted of offences” ie – people out of prison on licence.
So there can be no debate that the goal posts were moved. Firstly it is given approval to be a bail hostel through the planning process and then because of the 2000 Act it becomes a place for people out of prison on licence aswell. This is despite the fact that before all this the High Court agreed that it was a bad place to put one!
So who is in the Approved Premises?
I don’t know and no one publically knows because they don’t tell the public. However some things can be deduced. For example Jack Straw admits in a Parliamentary Answer to the Conservative Shadow Justice Secretary that there is only one person resident in the hostel on bail on the 29th Feb 2008 (Source). Therefore by a process of elimination the rest of the places in the Approved Premises by implication are either empty or for people out on licence.
How can Stonnall Road be closed?
Guidance by the Home Office dated 2005 states that it rests with the Secretary of State to withdraw approval at any time (see source). I do not know if this has been updated since (as the Home Office was split into the Ministry of Justice and the Home Office) but gives a good indication that it is at Ministerial level.
Therefore the decision to close this Approved Premises (Hostel) lays firmly in the hands of the Justice Sectretary Jack Straw. Moving it rests in the hands of the West Midlands Probation Service. Returning it to its previous classification as a Bail Hostel also rests in the hands of Jack Straw.
You can write to Jack Straw at:
Ministry of Justice
102 Petty France
London
SW1H 9AJ
I therefore standby the questions I had posted previously:
- We want an investigation into how this was allowed to happen and make sure it never happens again (this is an operational question)
- We want to know why there isn’t complete transparancy over residents who live in the Bail Hostel (this is an operational and policy question)
- We want the Bail Hostel closed. It doesn’t meet the criteria set down by the Government and the Probation Service had agreed with us verbally that it was the beginning of the end for the hostel and they are looking for other sites. (this is an operational and policy question)
- We want the Government to review their policy on releasing prisoners on licence to these premises. (this is a policy question)