Police and Criminal Evidence Act 1984

Part IV E+W Detention

Modifications etc. (not altering text)

C1 Pt. IV (ss. 34-52) modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 4(6)(b)(c)(7), 5(9)(b)(c), 6(9)(b)(c); Pt. IV (ss. 34-52) modified by the said S.I. 1993/1813, art. 6, Sch. 3 para. 4 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 5

Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 7(6)(c) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)

Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 15(2) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)

Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 16(4) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)

Pt. IV (ss. 34-52) modified (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 85(4)(a), 120 (with s. 90); S.I. 2004/827, art. 3(h)

Pt. IV (ss. 34-52) modified (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 97(4)(a), 120 (with s. 100); S.I. 2004/827, art. 3(t)

C2 Pt. IV (ss. 34-52) applied (with modifications) (4.4.2005) Criminal Justice Act 2003 (c. 44), ss. 87(3), 336; S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2) (as amended by S.I. 2005/2122, art. 2)

C3 Pt. IV incorporated (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52

Detention—conditions and duration E+W

34 Limitations on police detention. E+W

(1) A person arrested for an offence shall not be kept in police detention except in accordance with the provisions of this Part of this Act.

(2) Subject to subsection (3) below, if at any time a custody officer—

(a) becomes aware, in relation to any person in police detention, that the grounds for the detention of that person have ceased to apply; and

(b) is not aware of any other grounds on which the continued detention of that person could be justified under the provision of this part of this Act,

it shall be the duty of the custody officer, subject to subsection (4) below, to order his immediate release from custody.

(3) No person in police detention shall be released except on the authority of a custody officer at the police station where his detention was authorised or, if it was authorised at more than one station, a custody officer at the station where it was last authorised.

(4) A person who appears to the custody officer to have been unlawfully at large when he was arrested is not to be released under subsection (2) above.

(5) A person whose release is ordered under subsection (2) above shall be released [F1 —

(a) without bail unless subsection (5A) applies, or

(b) on bail if subsection (5A) applies.]

[F2 (5A) This subsection applies if—

(a) it appears to the custody officer—

(i) that there is need for further investigation of any matter in connection with which the person was detained at any time during the period of the person’s detention, or

(ii) that, in respect of any such matter, proceedings may be taken against the person or the person may be given a youth caution under section 66ZA of the Crime and Disorder Act 1998, and

(b) the pre-conditions for bail are satisfied.]

[F3 (5B) Subsection (5C) applies where—

(a) a person is released under subsection (5), and

(b) the custody officer determines that—

(i) there is not sufficient evidence to charge the person with an offence, or

(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(5C) The custody officer must give the person notice in writing that the person is not to be prosecuted.

(5D) Subsection (5C) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

(5E) In this Part “caution” includes—

(a) a conditional caution within the meaning of Part 3 of the Criminal Justice Act 2003;

(b) a youth conditional caution within the meaning of Chapter 1 of Part 4 of the Crime and Disorder Act 1998;

(c) a youth caution under section 66ZA of that Act.]

(6) For the purposes of this Part of this Act a person arrested under [F4 section 6D of the Road Traffic Act 1988][F5 or section 30(2) of the Transport and Works Act 1992 (c. 42)] is arrested for an offence.

[F6 (7) For the purposes of this Part a person who—

(a) attends a police station to answer to bail granted under section 30A,

(b) returns to a police station to answer to bail granted under this Part, or

(c) is arrested under section 30D or 46A,

is to be treated as arrested for an offence and that offence is the offence in connection with which he was granted bail.

[F7 But this subsection is subject to section 47(6) (which provides for the calculation of certain periods, where a person has been granted bail under this Part, by reference to time when the person is in police detention only).]]

F8 [(8) Subsection (7) does not apply in relation to a person who is granted bail subject to the duty mentioned in section 47(3)(b) and who either—

(a) attends a police station to answer to such bail, or

(b) is arrested under section 46A for failing to do so,

(provision as to the treatment of such persons for the purposes of this Part being made by section 46ZA).]

Textual Amendments

F1 Words in s. 34(5) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 54(2), 183(1), (5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)

F2 S. 34(5A) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 54(3), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)

F3 S. 34(5B)-(5E) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 66(2), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 18

F4 Words in s. 34(6) substituted (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 107, 120, Sch. 7 para. 12; S.I. 2004/827, art. 3(bb)(ii)

F5 Words in s. 34(6) inserted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. 53(1), 108(2)-(5); S.I. 2003/808, art. 2(d)

F6 S. 34(7) substituted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 12, 336, Sch. 1 para. 5; S.I. 2004/81, art. 2(1)(2)(a)

F7 Words in s. 34(7) inserted (retrospectively) by Police (Detention and Bail) Act 2011 (c. 9), s. 1(2)(3)

F8 S. 34(8) inserted (1.4.2007 for specified purposes, 14.11.2008 for specified purposes, 3.10.2011 for specified purposes, 8.10.2012 in so far as not already in force) by Police and Justice Act 2006 (c. 48), ss. 46(2), 53(1); S.I. 2007/709, art. 3(n) (with art. 6); S.I. 2008/2785, art. 2; S.I. 2011/2144, art. 2(1)(b); S.I. 2012/2373, art. 2(b)

Modifications etc. (not altering text)

C4 Ss. 8, 9, 15, 16, 17(1)(b)(2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2

C5 S. 34(1)-(5) modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 3(3).

C6 S. 34(1)-(5) applied (with modifications) by Criminal Justice Act 2003 (c. 44), s. 24B(1)-(3) (as inserted (29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 18(1), 53 (with s. 18(2)); S.I. 2006/1614, art. 2(e))

C7 S. 34(1)-(5) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)

C8 S. 34(1)-(5) applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)

35 Designated police stations. E+W

(1) The chief officer of police for each police area shall designate the police stations in his area which, subject to [F9 sections 30(3) and (5), 30A(5) and 30D(2)] , are to be the stations in that area to be used for the purpose of detaining arrested persons.

(2) A chief officer’s duty under subsection (1) above is to designate police stations appearing to him to provide enough accommodation for that purpose.

[F10 (2A) The Chief Constable of the British Transport Police Force may designate police stations which (in addition to those designated under subsection (1) above) may be used for the purpose of detaining arrested persons.]

(3) Without prejudice to section 12 of the M1 Interpretation Act 1978 (continuity of duties) a chief officer—

(a) may designate a station which was not previously designated; and

(b) may direct that a designation of a station previously made shall cease to operate.

(4) In this Act “designated police station” means a police station for the time being designated under this section.

Textual Amendments

F9 Words in s. 35(1) substituted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 12, 336, Sch. 1 para. 6; S.I. 2004/81, art. 2(1)(2)(a)

F10 S. 35(2A) inserted (14.12.2001) by 2001 c. 24, ss. 101, Sch. 7 para. 12

Modifications etc. (not altering text)

C9 Ss. 8, 9, 15, 16, 17(1)(b)(2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2

C10 S. 35 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 73, 120, Sch. 5 para. 4 (with s. 72); S.I. 2004/1572, art. 3(ddd)(jjj)

C11 S. 35 applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)

C12 S. 35(1)(2) applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)

C13 S. 35(3)(4) applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)

Marginal Citations

M1 1978 c. 30.

36 Custody officers at police stations. E+W

(1) One or more custody officers shall be appointed for each designated police station.

(2) A custody officer for [F11 a police station designated under section 35(1) above] shall be appointed—

(a) by the chief officer of police for the area in which the designated police station is situated; or

(b) by such other police officer as the chief officer of police for that area may direct.

F12 [( 2A ) A custody officer for a police station designated under section 35(2A) above shall be appointed—

(a) by the Chief Constable of the British Police Transport Force; or

(b) by such other member of that Force as that Chief Constable may direct.]

[F13 (3) No officer may be appointed a custody officer unless the officer is of at least the rank of sergeant.]

(4) An officer of any rank may perform the functions of a custody officer at a designated police station if a custody officer is not readily available to perform them.

(5) Subject to the following provisions of this section and to section 39(2) below, none of the functions of a custody officer in relation to a person shall be performed by [F14 an officer] who at the time when the function falls to be performed is involved in the investigation of an offence for which that person is in police detention at that time.

(6) Nothing in subsection (5) above is to be taken to prevent a custody officer—

(a) performing any function assigned to custody officers—

(i) by this Act; or

(ii) by a code of practice issued under this Act;

(b) carrying out the duty imposed on custody officers by section 39 below;

(c) doing anything in connection with the identification of a suspect; or

(d) doing anything under [F15 sections 7 and 8 of the Road Traffic Act 1988].

(7) Where an arrested person is taken to a police station which is not a designated police station, the functions in relation to him which at a designated police station would be the functions of a custody officer shall be performed—

(a) by an officer F16 . . . who is not involved in the investigation of an offence for which he is in police detention, if [F17 such an officer] is readily available; and

(b) if no [F18 such officer] is readily available, by the officer who took him to the station or any other officer.

[F19 (7A) Subject to subsection (7B), subsection (7) applies where a person attends a police station which is not a designated station to answer to bail granted under section 30A as it applies where a person is taken to such a station.

(7B) Where subsection (7) applies because of subsection (7A), the reference in subsection (7)(b) to the officer who took him to the station is to be read as a reference to the officer who granted him bail.]

(8) References to a custody officer in [F20 section 34 above or in] the following provisions of this Act include references to [F21 an officer] other than a custody officer who is performing the functions of a custody officer by virtue of subsection (4) or (7) above.

(9) Where by virtue of subsection (7) above an officer of a force maintained by a [F22 local policing body] who took an arrested person to a police station is to perform the functions of a custody officer in relation to him, the officer shall inform an officer who—

(a) is attached to a designated police station; and

(b) is of at least the rank of inspector,

that he is to do so.

(10) The duty imposed by subsection (9) above shall be performed as soon as it is practicable to perform it.

(11) F23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Words in s. 36(2) substituted (14.12.2001) by 2001 c. 24, s. 107, Sch. 7 para. 13(2)

F12 S. 36(2A) inserted (14.12.2001) by 2001 c. 24, s. 107, Sch. 7 para. 13(3)

F13 S. 36(3) substituted (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1), 116(6), Sch. 7 para. 123(3)(a)

F14 Words in s. 36(5) substituted (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1), 116(6), Sch. 7 para. 123(3)(b)

F15 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c.54, SIF 107:1), s. 4, Sch. 3 para. 27(3)

F16 Words in s. 36(7)(a) repealed (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1)(2), 116(6), Sch. 7 para. 123(3)(c)(i), Sch. 8 Pt. 13

F17 Words in s. 36(7)(a) substituted (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1), 116(6), Sch. 7 para. 123(3)(c)(i)

F18 Words in s. 36(7)(b) substituted (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1), 116(6), Sch. 7 para. 123(3)(c)(ii)

F19 S. 36(7A)(7B) inserted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 12, 336, Sch. 1 para. 7; S.I. 2004/81, art. 2(1)(2)(a)

F20 Words in s. 36(8) inserted (7.3.2011) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 121(5)(a), 178(8); S.I. 2011/410, art. 2(f)

F21 Words in s. 36(8) substituted (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1), 116(6), Sch. 7 para. 123(3)(d)

F22 Words in s. 36(9) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 162; S.I. 2011/3019, art. 3, Sch. 1

F23 S. 36(11) repealed (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1)(2), 116(6), Sch. 7 para. 123(3)(e), Sch. 8 Pt. 13

Modifications etc. (not altering text)

C14 Ss. 8, 9, 15, 16, 17(1)(b)(2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2

C15 S. 36 modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 3(3); s. 36 modified by the said S.I.1993/1813, art. 6, Sch. 3 para. 3(3) as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 4(b)

C16 S. 36 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 73, 120, Sch. 5 para. 4 (with s. 72); S.I. 2004/1572, art. 3(ddd)(jjj)

C17 S. 36 applied (with modifications) by Criminal Justice Act 2003 (c. 44), s. 24B(1)-(3) (as inserted (29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 18(1), 53 (with s. 18(2)); S.I. 2007/1614, art. 2(e))

C18 S. 36(1)(2) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)

C19 S. 36(1)(2) applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)

C20 S. 36(3)-(6)(c) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)

C21 S. 36(3)(4) applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)

C22 S. 36(5)(6) applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)

C23 S. 36(7)(8) extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 1(2)(b), 3(2); s. 36(7)(8) extended by the said S.I. 1993/1813, art. 6, Sch. 3 paras. 3(2), 4 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 paras. 4(b), 5

C24 S. 36(7) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)

C25 S. 36(7)(8) applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)

C26 S. 36(8)-(10) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)

C27 S. 36(9)(10) applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)

37 Duties of custody officer before charge. E+W

(1) Where—

(a) a person is arrested for an offence—

(i) without a warrant; or

(ii) under a warrant not endorsed for bail, F24 . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the custody officer at each police station where he is detained after his arrest shall determine whether he has before him sufficient evidence to charge that person with the offence for which he was arrested and may detain him at the police station for such period as is necessary to enable him to do so.

(2) If the custody officer determines that he does not have such evidence before him, the person arrested shall be released[F25 —

(a) without bail unless the pre-conditions for bail are satisfied, or

(b) on bail if those pre-conditions are satisfied,

(subject to subsection (3))].

(3) If the custody officer has reasonable grounds for [F26 believing that the person’s detention without being charged is necessary to secure or preserve evidence relating to an offence for which the person is under arrest or to obtain such evidence by questioning the person], he may authorise the person arrested to be kept in police detention.

(4) Where a custody officer authorises a person who has not been charged to be kept in police detention, he shall, as soon as is practicable, make a written record of the grounds for the detention.

(5) Subject to subsection (6) below, the written record shall be made in the presence of the person arrested who shall at that time be informed by the custody officer of the grounds for his detention.

(6) Subsection (5) above shall not apply where the person arrested is, at the time when the written record is made—

(a) incapable of understanding what is said to him;

(b) violent or likely to become violent; or

(c) in urgent need of medical attention.

[F27 (6A) Subsection (6B) applies where—

(a) a person is released under subsection (2), and

(b) the custody officer determines that—

(i) there is not sufficient evidence to charge the person with an offence, or

(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(6B) The custody officer must give the person notice in writing that the person is not to be prosecuted.

(6C) Subsection (6B) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.]

(7) Subject to section 41(7) below, if the custody officer determines that he has before him sufficient evidence to charge the person arrested with the offence for which he was arrested, the person arrested—

[F28 (a) [F29 shall be—

(i) released without charge and on bail, or

(ii) kept in police detention,

for the purpose] of enabling the Director of Public Prosecutions to make a decision under section 37B below,

[F30 (b) shall be released without charge and without bail unless the pre-conditions for bail are satisfied,

(c) shall be released without charge and on bail if those pre-conditions are satisfied but not for the purpose mentioned in paragraph (a), or]

(d) shall be charged.]

[F31 (7A) The decision as to how a person is to be dealt with under subsection (7) above shall be that of the custody officer.

(7B) Where a person is [F32 dealt with under subsection (7)(a)] above, it shall be the duty of the custody officer to inform him that he is being released [F33 , or (as the case may be) detained,] to enable the Director of Public Prosecutions to make a decision under section 37B below.]

(8) Where—

(a) a person is released under subsection (7)(b) [F34 or (c)] above; and

(b) at the time of his release a decision whether he should be prosecuted for the offence for which he was arrested has not been taken,

it shall be the duty of the custody officer so to inform him.

[F35 (8ZA) Where—

(a) a person is released under subsection (7)(b) or (c), and

(b) the custody officer makes a determination as mentioned in subsection (6A)(b),

subsections (6B) and (6C) apply.]

[F36 (8A) Subsection (8B) applies if the offence for which the person is arrested is one in relation to which a sample could be taken under section 63B below and the custody officer—

(a) is required in pursuance of subsection (2) above to release the person arrested and decides to release him on bail, or

(b) decides in pursuance of subsection (7)(a) or [F37 (c)] above to release the person without charge and on bail.

(8B) The detention of the person may be continued to enable a sample to be taken under section 63B, but this subsection does not permit a person to be detained for a period of more than 24 hours after the relevant time.]

(9) If the person arrested is not in a fit state to be dealt with under subsection (7) above, he may be kept in police detention until he is.

(10) The duty imposed on the custody officer under subsection (1) above shall be carried out by him as soon as practicable after the person arrested arrives at the police station or, in the case of a person arrested at the police station, as soon as practicable after the arrest.

F38 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38 (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38 (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38 (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15) In this Part of this Act—

• “arrested juvenile” means a person arrested with or without a warrant who appears to be [F39 under the age of 18 ] F40 . . .;

• “endorsed for bail” means endorsed with a direction for bail in accordance with section 117(2) of the M2 Magistrates’ Courts Act 1980.

Textual Amendments

F24 S. 37(1)(b) and the word "or" preceeding it repealed (10.4.1995) by 1994 c. 33, ss. 29(4)(a)(5), 168(3), Sch.11; S.I. 1995/721, art. 2, Sch. AppendixB

F25 Words in s. 37(2) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 54(5), 183(1), (5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)

F26 Words in s. 37(3) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 54(6), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)

F27 S. 37(6A)-(6C) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 66(4), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 18

F28 S. 37(7)(a)-(d) substituted for s. 37(7)(a)(b) (29.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 28, 336, Sch. 2 para. 2(2); S.I. 2004/81, art. 4(1)(2)(c)

F29 Words in s. 37(7)(a) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 11, 53; S.I. 2006/3364, art. 2(c)

F30 S. 37(7)(b)(c) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 54(7), 183(1), (5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)

F31 S. 37(7A)(7B) inserted (29.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 28, 336, Sch. 2 para. 2(3); S.I. 2004/81, art. 4(1)(2)(c)

F32 Words in s. 37(7B) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 9(a); S.I. 2006/3364, art. 2(j)(k) (as amended by S.I. 2007/29, art. 2)

F33 Words in s. 37(7B) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 9(b); S.I. 2006/3364, art. 2(j)(k) (as amended by S.I. 2007/29, art. 2)

F34 Words in s. 37(8)(a) inserted (29.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 28, 336, Sch. 2 para. 2(4); S.I. 2004/81, art. 4(1)(2)(c)

F35 S. 37(8ZA) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 66(5), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 18

F36 S. 37(8A)(8B) inserted (1.12.2005) by Drugs Act 2005 (c. 17), ss. 23, 24, Sch. 1 para. 2; S.I. 2005/3053, art. 2(1)(f)

F37 Word in s. 37(8A)(b) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 54(8), 183(1), (5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)

F38 S. 37(11)-(14) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53), s. 72, 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2.

F39 Words in s. 37(15) substituted (26.10.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 42, 95(1); S.I. 2015/1778, art. 3(a)

F40 Words in s. 37(15) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

Modifications etc. (not altering text)

C28 Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

C29 S. 37 modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 3(3), 4(4)(a), 5(7)(a), 6(7)(a); s. 37 modified by the said S.I. 1993/1813, art. 6, Sch. 3 paras. 4, 5, 6 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 paras. 5, 6, 7

C30 Ss. 37-37B modified (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50, 53(1) {Sch. 4 para. 30}; S.I. 2005/1126, art. 2(2)(h)

Ss. 37-37B modified (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 40, 178; S.I. 2006/378, art. 4(1), Sch. para. 6 (subject to art. 4(2)-(7))

C31 Ss. 37-37B modified (21.7.2009) by Borders, Citizenship and Immigration Act 2009 (c. 11), s. 31(4) (with s. 36(4))

C32 S. 37 applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)

C33 S. 37(1)-(8) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)

C34 S. 37(4)-(6) applied (with modifications) by Criminal Justice Act 2003 (c. 44), s. 24B(1)-(3) (as inserted by Police and Justice Act 2006 (c. 48), ss. 18(1), 53 (with s. 18(2)); S.I. 2007/1614, art. 2(e))

C35 S. 37(9)(10) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)

Marginal Citations

M2 1980 c. 43.

[F41 37A Guidance E+W

(1) The Director of Public Prosecutions may issue guidance—

(a) for the purpose of enabling custody officers to decide how persons should be dealt with under section 37(7) above or 37C(2) [F42 or 37CA(2)] below, and

(b) as to the information to be sent to the Director of Public Prosecutions under section 37B(1) below.

(2) The Director of Public Prosecutions may from time to time revise guidance issued under this section.

(3) Custody officers are to have regard to guidance under this section in deciding how persons should be dealt with under section 37(7) above or 37C(2) [F43 or 37CA(2)] below.

(4) A report under section 9 of the Prosecution of Offences Act 1985 (report by DPP to Attorney General) must set out the provisions of any guidance issued, and any revisions to guidance made, in the year to which the report relates.

(5) The Director of Public Prosecutions must publish in such manner as he thinks fit—

(a) any guidance issued under this section, and

(b) any revisions made to such guidance.

(6) Guidance under this section may make different provision for different cases, circumstances or areas.]

Textual Amendments

F41 S. 37A inserted (29.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 28, 336, Sch. 2 para. 3; S.I. 2004/81, art. 4(1)(2)(c)

F42 Words in s. 37A(1)(a) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 10, 53, Sch. 6 para. 8(2); S.I. 2007/709, art. 3(i) (subject to arts. 6, 7)

F43 Words in s. 37A(3) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 10, 53, Sch. 6 para. 8(2); S.I. 2007/709, art. 3(i) (subject to arts. 6, 7)

Modifications etc. (not altering text)

C36 S. 37A applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)

C37 Ss. 37-37B modified (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50, 53(1) {Sch. 4 para. 30}; S.I. 2005/1126, art. 2(2)(h)

Ss. 37-37B modified (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 40, 178; S.I. 2006/378, art. 4(1), Sch. para. 6 (subject to art. 4(2)-(7))

C38 Ss. 37-37B modified (21.7.2009) by Borders, Citizenship and Immigration Act 2009 (c. 11), s. 31(4) (with s. 36(4))

[F44 37B Consultation with the Director of Public Prosecutions E+W

(1) Where a person is [F45 dealt with under section 37(7)(a)] above, an officer involved in the investigation of the offence shall, as soon as is practicable, send to the Director of Public Prosecutions such information as may be specified in guidance under section 37A above.

(2) The Director of Public Prosecutions shall decide whether there is sufficient evidence to charge the person with an offence.

(3) If he decides that there is sufficient evidence to charge the person with an offence, he shall decide—

(a) whether or not the person should be charged and, if so, the offence with which he should be charged, and

(b) whether or not the person should be given a caution and, if so, the offence in respect of which he should be given a caution.

(4) The Director of Public Prosecutions [F46 shall give notice] of his decision to an officer involved in the investigation of the offence.

[F47 (4A) Notice under subsection (4) above shall be in writing, but in the case of a person kept in police detention under section 37(7)(a) above it may be given orally in the first instance and confirmed in writing subsequently.]

(5) If his decision is—

(a) that there is not sufficient evidence to charge the person with an offence, or

(b) that there is sufficient evidence to charge the person with an offence but that the person should not be charged with an offence or given a caution in respect of an offence,

a custody officer shall give the person notice in writing that he is not to be prosecuted.

[F48 (5A) Subsection (5) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.]

(6) If the decision of the Director of Public Prosecutions is that the person should be charged with an offence, or given a caution in respect of an offence, the person shall be charged or cautioned accordingly.

(7) But if his decision is that the person should be given a caution in respect of the offence and it proves not to be possible to give the person such a caution [F49 (whether because of section 17 of the Criminal Justice and Courts Act 2015 or for any other reason) ] , he shall instead be charged with the offence.

(8) For the purposes of this section, a person is to be charged with an offence either—

[F50 (a) when he is in police detention at a police station (whether because he has returned to answer bail, because he is detained under section 37(7)(a) above or for some other reason), or]

(b) in accordance with section 29 of the Criminal Justice Act 2003.

F51 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F44 S. 37B inserted (29.1.2004 for certain purposes, 3.7.2004 for certain further purposes and 1.10.2007 otherwise) by Criminal Justice Act 2003 (c. 44), ss. 28, 336, Sch. 2 para. 3; S.I. 2004/81, art. 4(1)(2)(c); S.I. 2004/1629, art. 2(1)(2)(b)(c): S.I. 2007/2874, art. 2

F45 Words in s. 37B(1) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 10(2); S.I. 2006/3364, art. 2(j)(k) (as amended by S.I. 2007/29, art. 2)

F46 Words in s. 37B(4) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 10(3); S.I. 2006/3364, art. 2(j)(k) (as amended by S.I. 2007/29, art. 2)

F47 S. 37B(4A) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 10(4); S.I. 2006/3364, art. 2(j)(k) (as amended by S.I. 2007/29, art. 2)

F48 S. 37B(5A) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 66(7), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 18

F49 Words in s. 37B(7) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 18(5), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 14

F50 S. 37B(8)(a) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 10(5); S.I. 2006/3364, art. 2(j)(k) (as amended by S.I. 2007/29, art. 2)

F51 S. 37B(9) omitted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 66(8), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 18

Modifications etc. (not altering text)

C39 Ss. 37-37B modified (21.7.2009) by Borders, Citizenship and Immigration Act 2009 (c. 11), s. 31(4) (with s. 36(4))

C40 Ss. 37-37B modified (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50, 53(1) {Sch. 4 para. 30}; S.I. 2005/1126, art. 2(2)(h)

Ss. 37-37B modified (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 40, 178; S.I. 2006/378, art. 4(1), Sch. para. 6 (subject to art. 4(2)-(7))

C41 S. 37B applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)

[F52 37C Breach of bail following release under section 37(7)(a) E+W

(1) This section applies where—

(a) a person released on bail under section 37(7)(a) above or subsection (2)(b) below is arrested under section 46A below in respect of that bail, and

(b) at the time of his detention following that arrest at the police station mentioned in section 46A(2) below, notice under section 37B(4) above has not been given.

(2) The person arrested—

(a) shall be charged, or

(b) shall be released without charge, either on bail or without bail.

(3) The decision as to how a person is to be dealt with under subsection (2) above shall be that of a custody officer.

(4) A person released on bail under subsection (2)(b) above shall be released on bail subject to the same conditions (if any) which applied immediately before his arrest.]

Textual Amendments

F52 S. 37C inserted (29.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 28, 336, Sch. 2 para. 3; S.I. 2004/81, art. 4(1)(2)(c)

[F53 37CA Breach of bail following release under [F54 section 37(7)(c)] E+W

(1) This section applies where a person released on bail under [F55 section 37(7)(c)] above or subsection (2)(b) below—

(a) is arrested under section 46A below in respect of that bail, and

(b) is being detained following that arrest at the police station mentioned in section 46A(2) below.

(2) The person arrested—

(a) shall be charged, or

(b) shall be released without charge [F56 —

(i) without bail unless the pre-conditions for bail are satisfied, or

(ii) on bail if those pre-conditions are satisfied.]

(3) The decision as to how a person is to be dealt with under subsection (2) above shall be that of a custody officer.

(4) A person released on bail under subsection (2)(b) above shall be released on bail subject to the same conditions (if any) which applied immediately before his arrest [F57 (and the reference in section 50A to any conditions of bail which would be imposed is to be read accordingly)].

[F58 (5) Subsection (6) applies where—

(a) a person is released under subsection (2), and

(b) a custody officer determines that—

(i) there is not sufficient evidence to charge the person with an offence, or

(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(6) The custody officer must give the person notice in writing that the person is not to be prosecuted.

(7) Subsection (6) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.]]

Textual Amendments

F53 S. 37CA inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 10, 53, Sch. 6 para. 8(1); S.I. 2007/709, art. 3(i) (subject to arts. 6, 7)

F54 Words in s. 37CA heading substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 55(2), 183(1), (5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)

F55 Words in s. 37CA(1) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 55(2), 183(1), (5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)

F56 Words in s. 37CA(2)(b) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 55(3), 183(1), (5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)

F57 Words in s. 37CA(4) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 55(4), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)

F58 S. 37CA(5)-(7) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 66(9), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 18

[F59 37D Release [F60 on bail under section 37]: further provision E+W

F61 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where a person released on bail under section 37(7)(a) or 37C(2)(b) above returns to a police station to answer bail or is otherwise in police detention at a police station, he may be kept in police detention to enable him to be dealt with in accordance with section 37B or 37C above or to enable the power under [F62 section 47(4A)] to be exercised.

[F63 (4A) Where a person released on bail under [F64 section 37(7)(c)] or 37CA(2)(b) above returns to a police station to answer bail or is otherwise in police detention at a police station, he may be kept in police detention to enable him to be dealt with in accordance with section 37CA above or to enable the power under [F62 section 47(4A)] to be exercised.

(5) If the person mentioned in subsection (4) or (4A) above is not in a fit state to enable him to be dealt with as mentioned in that subsection or to enable the power under [F62 section 47(4A)] to be exercised, he may be kept in police detention until he is.]

(6) Where a person is kept in police detention by virtue of subsection (4) [F65 , (4A)] or (5) above, section 37(1) to (3) and (7) above (and section 40(8) below so far as it relates to section 37(1) to (3)) shall not apply to the offence in connection with which he was released on bail under section [F66 37(7), 37C(2)(b) or 37CA(2)(b)] above.]

Textual Amendments

F59 S. 37D inserted (29.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 28, 336, Sch. 2 para. 3; S.I. 2004/81, art. 4(1)(2)(c)

F60 Words in s. 37D heading substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 10, 53, Sch. 6 para. 9(2); S.I. 2007/709, art. 3(i) (subject to arts. 6, 7)

F61 S. 37D(1)-(3) omitted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 64(3), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 16 (with reg. 5)Text here

F62 Words in s. 37D(4)-(5) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 64(4), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 16 (with reg. 5)

F63 S. 37D(4A)(5) substituted (1.4.2007) for s. 37D(5) by Police and Justice Act 2006 (c. 48), ss. 10, 53, Sch. 6 para. 10(2); S.I. 2007/709, art. 3(i) (subject to arts. 6, 7)

F64 Words in s. 37D(4A) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 55(5), 183(1), (5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)

F65 Word in s. 37D(6) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 10, 53, Sch. 6 para. 10(3)(a); S.I. 2007/709, art. 3(i) (subject to arts. 6, 7)

F66 Words in s. 37D(6) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 10, 53, Sch. 6 para. 10(3)(b); S.I. 2007/709, art. 3(i) (subject to arts. 6, 7)

38 Duties of custody officer after charge. E+W

(1) Where a person arrested for an offence otherwise than under a warrant endorsed for bail is charged with an offence, the custody officer shall [F67 , subject to section 25 of the Criminal Justice and Public Order Act 1994,] order his release from police detention, either on bail or without bail, unless—

(a) If the person arrested is not an arrested juvenile—

(i) his name or address cannot be ascertained or the custody officer has reasonable grounds for doubting whether a name or address furnished by him as his name or address is his real name or address;

F68 [F69 (ii) the custody officer has reasonable grounds for believing that the person arrested will fail to appear in court to answer to bail;

(iii) in the case of a person arrested for an imprisonable offence, the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from committing an offence;

[F69 (iiia) in a case where a sample may be taken from the person under section 63B below, the custody officer has reasonable grounds for believing that the detention of the person is necessary to enable the sample to be taken from him;]

(iv) in the case of a person arrested for an offence which is not an imprisonable offence, the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from causing physical injury to any other person or from causing loss of or damage to property;

(v) the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from interfering with the administration of justice or with the investigation of offences or of a particular offence; or

(vi) the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary for his own protection;]

(b) if he is an arrested juvenile—

(i) any of the requirements of paragraph (a) above is satisfied [F70 (but, in the case of paragraph (a)(iiia) above, only if the arrested juvenile has attained the minimum age)] ; or

(ii) the custody officer has reasonable grounds for believing that he ought to be detained in his own interests.

[F71 (c) the offence with which the person is charged is murder.]

(2) If the release of a person arrested is not required by subsection (1) above, the custody officer may authorise him to be kept in police detention [F72 but may not authorise a person to be kept in police detension by virtue of subsection (1)(a)(iiia) after the end of the period of six hours beginning when he was charged with the offence].

F73 [(2A) The custody officer, in taking the decisions required by subsection (1)(a) and (b) above (except (a)(i) and (vi) and (b)(ii)), shall have regard to the same considerations as those which a court is required to have regard to in taking the corresponding decisions under paragraph [F74 2(1)] of Part I of Schedule 1 to the M3 Bail Act 1976 [F75 (disregarding [F76 paragraphs 1A and 2(2)] of that Part)] .]

(3) Where a custody officer authorises a person who has been charged to be kept in police detention, he shall, as soon as practicable, make a written record of the grounds for the detention.

(4) Subject to subsection (5) below, the written record shall be made in the presence of the person charged who shall at that time be informed by the custody officer of the grounds for his detention.

(5) Subsection (4) above shall not apply where the person charged is, at the time when the written record is made—

(a) incapable of understanding what is said to him;

(b) violent or likely to become violent; or

(c) in urgent need of medical attention.

[F77 (6) Where a custody officer authorises an arrested juvenile to be kept in police detention under subsection (1) above, the custody officer shall, unless he certifies—

(a) that, by reason of such circumstances as are specified in the certificate, it is impracticable for him to do so; or

(b) in the case of an arrested juvenile who has attained the [F78 age of 12 years], that no secure accommodation is available and that keeping him in other local authority accommodation would not be adequate to protect the public from serious harm from him,

secure that the arrested juvenile is moved to local authority accommodation.]

F77 [F79 (6A) In this section—

• “local authority accommodation” means accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989);

• [F80 “minimum age” means the age specified in [F81 section 63B(3)(b) below];]

• “secure accommodation” means accommodation provided for the purpose of restricting liberty;

• [F82 “sexual offence” means an offence specified in Part 2 of Schedule 15 to the Criminal Justice Act 2003;

• “violent offence” means murder or an offence specified in Part 1 of that Schedule;]

and any reference, in relation to an arrested juvenile charged with a violent or sexual offence, to protecting the public from serious harm from him shall be construed as a reference to protecting members of the public from death or serious personal injury, whether physical or psychological, occasioned by further such offences committed by him.]

[F79 (6B) Where an arrested juvenile is moved to local authority accommodation under subsection (6) above, it shall be lawful for any person acting on behalf of the authority to detain him.]

(7) A certificate made under subsection (6) above in respect of an arrested juvenile shall be produced to the court before which he is first brought thereafter.

F83 [(7A) In this section “imprisonable offence” has the same meaning as in Schedule 1 to the Bail Act 1976.]

(8) In this Part of this Act “local authority” has the same meaning as in the [F84 Children Act 1989].

Textual Amendments

F67 Words in s. 38(1) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 54; S.I. 1995/721, art. 2, Sch.

F68 S. 38(1)(a)(ii)-(vi) substituted (10.4.1995) for sub-paras (ii)(iii) by 1994 c. 33, s. 28(2); S.I. 1995/721, art. 2, Sch.

F69 S. 38(1)(a)(iiia) substituted (1.12.2005) by Drugs Act 2005 (c. 17), ss. 23(1), 24, Sch. 1 para. 3(a); S.I. 2005/3053, art. 2(1)(f)

F70 Words in s. 38(1)(b)(i) inserted (1.8.2004 for certain purposes and 1.12.2005 for further purposes) by Criminal Justice Act 2003 (c. 44), ss. 5(2)(a)(ii), 336; S.I. 2004/1867, art. 2; S.I. 2005/3055, art. 2

F71 S. 38(1)(c) added (1.2.2010) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182, Sch. 21 para. 77 (with s. 180, Sch. 22); S.I. 2010/145, art. 2(2), Sch. para. 25(b)

F72 Words in s. 38(2) inserted (for certain purposes on 20.6.2001, 2.7.2001, 20.5.2002, 2.9.2002, 1.4.2003, 1.4.2004, 1.4.2005 and 1.12.2005) by 2000 c. 43, ss. 57(3)(b), 80(1); S.I. 2001/2232, art. 2(f); S.I. 2002/1149, art. 2; S.I. 2002/1862, art. 2; S.I. 2003/709, art. 2; S.I. 2004/780, art. 2; S.I. 2005/596, art. 2; S.I. 2005/3054, art. 2

F73 S. 38(2A) inserted (10.4.1995) by 1994 c. 33, s. 28(3); S.I. 1995/721, art. 2, Sch.

F74 Words in s. 38(2A) substituted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 para. 5(a); S.I. 2004/829, art. 2(1)(2)(k)

F75 Words in s. 38(2A) inserted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 para. 5(b); S.I. 2004/829, art. 2(1)(2)(k)

F76 Words in s. 38(2A) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 34; S.I. 2012/2906, art. 2(i)

F77 S. 38(6)(6A) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53), s. 59; S.I. 1992/333, art. 2(2), Sch. 2.

F78 Words in s. 38(6)(b) substituted (3.2.1995) by 1994 c. 33, s. 24; S.I. 1995/127, art. 2(1), Sch. 1

F79 S. 38(6A)(6B) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 53(2) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F80 S. 38(6A): definition of "minimum age" inserted (1.8.2004 for certain purposes and 1.12.2005 for further purposes) by Criminal Justice Act 2003 (c. 44), ss. 5(2)(b), 336; S.I. 2004/1867, art. 2; S.I. 2005/3055, art. 2

F81 S. 38(6A): words in the definition of "minimum age" substituted (1.12.2005) by Drugs Act 2005 (c. 17), ss. 23(1), 24, Sch. 1 para. 3(b); S.I. 2005/3053, art. 2(1)(f)

F82 S. 38(6A): definitions of "sexual offence" and "violent offence" substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 44; S.I. 2005/950, art. 2(1), Sch. 1 paras. 23, 42(20) (subject to art. 2(2), Sch. 2) (as amended by S.I. 2005/2122, art. 2)

F83 S. 38(7A) inserted (10.4.1995) by 1994 c. 33, s. 28(4); S.I. 1995/721, art. 2, Sch.

F84 Words in s. 38(8) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 53(3) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

Modifications etc. (not altering text)

C42 S. 38 modified (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 88(1)(a), 336; S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2) (as amended by S.I. 2005/2122, art. 2)

S. 38 modified (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 88(1)(b), 336; S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2) (as amended by S.I. 2005/2122, art. 2)

C43 S. 38 applied (with modifications) by Criminal Justice Act 2003 (c. 44), s. 24B(1)-(3) (as inserted (29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 18(1), 53 (with s. 18(2)); S.I. 2007/1614, art. 2(e))

Marginal Citations

M3 1976 c. 63.

39 Responsibilities in relation to persons detained. E+W

(1) Subject to subsections (2) and (4) below, it shall be the duty of the custody officer at a police station to ensure—

(a) that all persons in police detention at that station are treated in accordance with this Act and any code of practice issued under it and relating to the treatment of persons in police detention; and

(b) that all matters relating to such persons which are required by this Act or by such codes of practice to be recorded are recorded in the custody records relating to such persons.

(2) If the custody officer, in accordance with any code of practice issued under this Act, transfers or permits the transfer of a person in police detention—

(a) to the custody of [F85 another police officer at the police station where the person is in police detention, for the purpose of an interview that is part of the investigation of an offence for which the person is in police detention or otherwise in connection with the investigation of such an offence]; or

(b) to the custody of an officer who has charge of that person outside the police station,

the custody officer shall cease in relation to that person to be subject to the duty imposed on him by subsection (1)(a) above; and it shall be the duty of the officer to whom the transfer is made to ensure that he is treated in accordance with the provisions of this Act and of any such codes of practice as are mentioned in subsection (1) above.

(3) If the person detained is subsequently returned to the custody officer, it shall be the duty of the officer investigating the offence to report to the custody officer as to the manner in which this section and the codes of practice have been complied with while that person was in his custody.

[F86 (3A) Subsections (3B) and (3C) apply if the custody officer, in accordance with any code of practice issued under this Act, transfers or permits the transfer of a person in police detention to an officer mentioned in subsection (2)(a) for the purpose of an interview that is to be conducted to any extent by means of a live link by another police officer who is investigating the offence but is not at the police station where the person in police detention is held at the time of the interview.

(3B) The officer who is not at the police station has the same duty as the officer mentioned in subsection (2)(a) to ensure that the person is treated in accordance with the provisions of this Act and of any such codes of practice as are mentioned in subsection (1).

(3C) If the person detained is subsequently returned to the custody of the custody officer, the officer who is not at the police station also has the same duty under subsection (3) as the officer mentioned in subsection (2)(a).

(3D) For the purpose of subsection (3C), subsection (3) applies as if the reference to “in his custody” were a reference to “being interviewed”.

(3E) In subsection (3A), “live link” means an arrangement by which the officer who is not at the police station is able to see and hear, and to be seen and heard by, the person in police detention, any legal representative of that person and the officer who has custody of that person at the police station (and for this purpose any impairment of eyesight or hearing is to be disregarded).]

(4) If an arrested juvenile is [F87 moved to local authority accommodation] under section 38(6) above, the custody officer shall cease in relation to that person to be subject to the duty imposed on him by subsection (1) above.

F88 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where—

(a) an officer of higher rank than the custody officer F89 . . . gives directions relating to a person in police detention; and

(b) the directions are at variance—

(i) with any decision made or action taken by the custody officer in the performance of a duty imposed on him under this Part of this Act; or

(ii) with any decision or action which would but for the directions have been made or taken by him in the performance of such a duty,

the custody officer shall refer the matter at once to an officer of the rank of superintendent or above who is responsible for the police station for which the custody officer is acting as custody officer.

(7) F90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F85 Words in s. 39(2)(a) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 75(2), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 24

F86 S. 39(3A)-(3E) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 75(3), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 24

F87 Words in s. 39(4) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13, para. 54; S.I. 1991/828, art. 3(2)

F88 S. 39(5) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15; S.I. 1991/828, art. 3(2)

F89 Words in s. 39(6)(a) repealed (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1)(2), 116(6), Sch. 7 para. 123(4)(a), Sch. 8 Pt. 13

F90 S. 39(7) repealed (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1)(2), 116(6), Sch. 7 para. 123(4)(b), Sch. 8 Pt. 13

Modifications etc. (not altering text)

C44 Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

C45 S. 39 modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 3(3).

S. 39 extended (27.7.1999) by 1999 c. 23, ss. 61(3), 68(4)(e) (with s. 63(2), Sch. 7 paras. 3(3), 5(2))

C46 S. 39 applied (with modifications) by Criminal Justice Act 2003 (c. 44), s. 24B(1)-(3) (as inserted (29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 18(1), 53 (with s. 18(2)); S.I. 2007/1614, art. 2(e))

C47 S. 39 applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)

C48 S. 39 applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)

C49 S. 39(2) modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 4 para. 35(5); S.I. 2002/2750, art. 2(a)(ii)(d)

S. 39(2)(3) modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 22(3); S.I. 2002/2750, art. 2(a)(ii)(d)

40 Review of police detention. E+W

(1) Reviews of the detention of each person in police detention in connection with the investigation of an offence shall be carried out periodically in accordance with the following provisions of this section—

(a) in the case of a person who has been arrested and charged, by the custody officer; and

(b) in the case of a person who has been arrested but not charged, by an officer of at least the rank of inspector who has not been directly involved in the investigation.

(2) The officer to whom it falls to carry out a review is referred to in this section as a “review officer”.

(3) Subject to subsection (4) below—

(a) the first review shall be not later than six hours after the detention was first authorised;

(b) the second review shall be not later than nine hours after the first;

(c) subsequent reviews shall be at intervals of not more than nine hours.

(4) A review may be postponed—

(a) if, having regard to all the circumstances prevailing at the latest time for it specified in subsection (3) above, it is not practicable to carry out the review at that time;

(b) without prejudice to the generality of paragraph (a) above—

(i) if at that time the person in detention is being questioned by a police officer and the review officer is satisfied that an interruption of the questioning for the purpose of carrying out the review would prejudice the investigation in connection with which he is being questioned; or

(ii) if at that time no review officer is readily available.

(5) If a review is postponed under subsection (4) above it shall be carried out as soon as practicable after the latest time specified for it in subsection (3) above.

(6) If a review is carried out after postponement under subsection (4) above, the fact that it was so carried out shall not affect any requirement of this section as to the time at which any subsequent review is to be carried out.

(7) The review officer shall record the reasons for any postponement of a review in the custody record.

(8) Subject to subsection (9) below, where the person whose detention is under review has not been charged before the time of the review, section 37(1) to (6) above shall have effect in relation to him, but with [F91 the modifications specified in subsection (8A)]

[F92 (8A) The modifications are—

(a) the substitution of references to the person whose detention is under review for references to the person arrested;

(b) the substitution of references to the review officer for references to the custody officer; and

(c) in subsection (6), the insertion of the following paragraph after paragraph (a)—

“(aa) asleep;”]

(9) Where a person has been kept in police detention by virtue of section 37(9) [F93 or 37D(5)] above, section 37(1) to (6) shall not have effect in relation to him but it shall be the duty of the review officer to determine whether he is yet in a fit state.

(10) Where the person whose detention is under review has been charged before the time of the review, section 38(1) to [F94 (6B)] above shall have effect in relation to him, but with [F95 the modifications specified in subsection (10A)] .

[F96 (10A) The modifications are—

(a) the substitution of a reference to the person whose detention is under review for any reference to the person arrested or to the person charged; and

(b) in subsection (5), the insertion of the following paragraph after paragraph (a)—

“(aa) asleep;”]

(11) Where—

(a) an officer of higher rank than the review officer gives directions relating to a person in police detention; and

(b) the directions are at variance—

(i) with any decision made or action taken by the review officer in the performance of a duty imposed on him under this Part of this Act; or

(ii) with any decision or action which would but for the directions have been made or taken by him in the performance of such a duty,

the review officer shall refer the matter at once to an officer of the rank of superintendent or above who is responsible for the police station for which the review officer is acting as review officer in connection with the detention.

(12) Before determining whether to authorise a person’s continued detention the review officer shall give—

(a) that person (unless he is asleep); or

(b) any solicitor representing him who is available at the time of the review,

an opportunity to make representations to him about the detention.

(13) Subject to subsection (14) below, the person whose detention is under review or his solicitor may make representations under subsection (12) above either orally or in writing.

(14) The review officer may refuse to hear oral representations from the person whose detention is under review if he considers that he is unfit to make such representations by reason of his condition or behaviour.

Textual Amendments

F91 Words in s. 40(8) substituted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. {52(1)}, 108(2)-(5); S.I. 2003/808, art. 2(d)

F92 S. 40(8A) inserted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. {52(2)}, 108(2)-(5); S.I. 2003/808, art. 2(d)

F93 Words in s. 40(9) inserted (29.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 28, 336, Sch. 2 para. 4; S.I. 2004/81, art. 4(1)(2)(c)

F94 Word in s. 40(10) substituted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. {52(3)(a)}, 108(2)-(5); S.I. 2003/808, art. 2(d)

F95 Words in s. 40(10) substituted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. {52(3)(b)}, 108(2)-(5); S.I. 2003/808, art. 2(d)

F96 S. 40(10A) inserted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. {52(4)}, 108(2)-(5); S.I. 2003/808, art. 2(d)

Modifications etc. (not altering text)

C50 Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

C51 S. 40 modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 3(3), 4(4)(b), 5(7)(b), 6(7)(b); s. 40 modified by the said S.I. 1993/1813, art. 6, Sch. 3 paras. 4, 5, 6 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 paras. 5, 6, 7

C52 S. 40 applied (with modifications) by Criminal Justice Act 2003 (c. 44), s. 24B(4) (as inserted (29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 18(1), 53 (with s. 18(2)); S.I. 2007/1614, art. 2(e))

C53 S. 40 applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)

C54 S. 40(1)-(9) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)

C55 S. 40(11)-(14) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)

C56 S. 40(13) amended by S.I. 1991/2684, arts. 1, 2, 4 and Sch.1

C57 S. 40(13) applied (with modifications) (23.12.2011) by The Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011 (S.I. 2011/2866), art. 1(2), Sch. 2

[F97 40A Use of telephone for review under s. 40 E+W

[F98 (1) A review under section 40(1)(b) may be carried out by means of a discussion, conducted by telephone, with one or more persons at the police station where the arrested person is held.

(2) But subsection (1) does not apply if—

(a) the review is of a kind authorised by regulations under section 45A to be carried out using[F99 a live link]; and

(b) it is reasonably practicable to carry it out in accordance with those regulations.]

(3) Where any review is carried out under this section by an officer who is not present at the station where the arrested person is held—

(a) any obligation of that officer to make a record in connection with the carrying out of the review shall have effect as an obligation to cause another officer to make the record;

(b) any requirement for the record to be made in the presence of the arrested person shall apply to the making of that record by that other officer; and

(c) the requirements under section 40(12) and (13) above for—

(i) the arrested person, or

(ii) a solicitor representing him,

to be given any opportunity to make representations (whether in writing or orally) to that officer shall have effect as a requirement for that person, or such a solicitor, to be given an opportunity to make representations in a manner authorised by subsection (4) below.

(4) Representations are made in a manner authorised by this subsection—

(a) in a case where facilities exist for the immediate transmission of written representations to the officer carrying out the review, if they are made either—

(i) orally by telephone to that officer; or

(ii) in writing to that officer by means of those facilities;

and

(b) in any other case, if they are made orally by telephone to that officer.

(5) In this section “[F100 live link]” has the same meaning as in section 45A below.]

Textual Amendments

F97 S. 40A inserted (1.10.2001) by 2001 c. 16, s. 72(3); S.I. 2001/3150, art. 2(a)

F98 S. 40A(1)(2) substituted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 6, 336; S.I. 2004/81, art. 2(1)(2)(a)

F99 Words in s. 40A(2)(a) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss., 74(5)(a), 183(5)(e); S.I. 2017/399, reg. 2, Sch. para. 23

F100 Words in s. 40A(5) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force ) by Policing and Crime Act 2017 (c. 3), ss., 75(5)(b), 183(5)(e); S.I. 2017/399, reg. 2, Sch. para. 24

Modifications etc. (not altering text)

C58 S. 40A(1) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)

C59 S. 40A(3)(4) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)

41 Limits on period of detention without charge. E+W

(1) Subject to the following provisions of this section and to sections 42 and 43 below, a person shall not be kept in police detention for more than 24 hours without being charged.

(2) The time from which the period of detention of a person is to be calculated (in this Act referred to as “the relevant time”)—

(a) in the case of a person to whom this paragraph applies, shall be—

(i) the time at which that person arrives at the relevant police station; or

(ii) the time 24 hours after the time of that person’s arrest,

whichever is the earlier;

(b) in the case of a person arrested outside England and Wales, shall be—

(i) the time at which that person arrives at the first police station to which he is taken in the police area in England or Wales in which the offence for which he was arrested is being investigated; or

(ii) the time 24 hours after the time of that person’s entry into England and Wales,

whichever is the earlier;

(c) in the case of a person who—

(i) attends voluntarily at a police station; or

(ii) accompanies a constable to a police station without having been arrested,

and is arrested at the police station, the time of his arrest;

[F101 (ca) in the case of a person who attends a police station to answer to bail granted under section 30A, the time when he arrives at the police station;]

(d) in any other case, except where subsection (5) below applies, shall be the time at which the person arrested arrives at the first police station to which he is taken after his arrest.

(3) Subsection (2)(a) above applies to a person if—

(a) his arrest is sought in one police area in England and Wales;

(b) he is arrested in another police area; and

(c) he is not questioned in the area in which he is arrested in order to obtain evidence in relation to an offence for which he is arrested;

and in sub-paragraph (i) of that paragraph “the relevant police station” means the first police station to which he is taken in the police area in which his arrest was sought.

(4) Subsection (2) above shall have effect in relation to a person arrested under section 31 above as if every reference in it to his arrest or his being arrested were a reference to his arrest or his being arrested for the offence for which he was originally arrested.

(5) If—

(a) a person is in police detention in a police area in England and Wales (“the first area”); and

(b) his arrest for an offence is sought in some other police area in England and Wales (“the second area”); and

(c) he is taken to the second area for the purposes of investigating that offence, without being questioned in the first area in order to obtain evidence in relation to it,

the relevant time shall be—

(i) the time 24 hours after he leaves the place where he is detained in the first area; or

(ii) the time at which he arrives at the first police station to which he is taken in the second area,

whichever is the earlier.

(6) When a person who is in police detention is removed to hospital because he is in need of medical treatment, any time during which he is being questioned in hospital or on the way there or back by a police officer for the purpose of obtaining evidence relating to an offence shall be included in any period which falls to be calculated for the purposes of this Part of this Act, but any other time while he is in hospital or on his way there or back shall not be so included.

(7) Subject to subsection (8) below, a person who at the expiry of 24 hours after the relevant time is in police detention and has not been charged shall be released at that time [F102 —

(a) without bail unless the pre-conditions for bail are satisfied, or

(b) on bail if those pre-conditions are satisfied.]

(8) Subsection (7) above does not apply to a person whose detention for more than 24 hours after the relevant time has been authorised or is otherwise permitted in accordance with section 42 or 43 below.

(9) A person released under subsection (7) above shall not be re-arrested without a warrant for the offence for which he was previously arrested unless [F103 , since the person’s release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before] his release[F104 ; but this subsection does not prevent an arrest under section 46A below.]

[F105 (10) Subsection (11) applies where—

(a) a person is released under subsection (7), and

(b) a custody officer determines that—

(i) there is not sufficient evidence to charge the person with an offence, or

(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(11) The custody officer must give the person notice in writing that the person is not to be prosecuted.

(12) Subsection (11) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.]

Textual Amendments

F101 S. 41(2)(ca) inserted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 12, 336, Sch. 1 para. 8; S.I. 2004/81, art. 2(1)(2)(a)

F102 Words in s. 41(7) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 56(1), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)

F103 Words in s. 41(9) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 65(3), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 17 (with reg. 5)

F104 Words in s. 41(9) inserted (10.4.1995) by 1994 c. 33, s. 29(4)(b)(5); S.I. 1995/721, art. 2,Sch.

F105 S. 41(10)-(12) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 67(2), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 18

Modifications etc. (not altering text)

C60 Ss. 8, 9, 15, 16, 17(1)(b)(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

C61 S. 41 extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 2(6); s. 41 extended by the said S.I. 1993/1813, art. 6, Sch. 3 paras. 2, 5, 6 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 paras. 3, 6, 7

S. 41 modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 3(3), 4(4)(b), 5(7)(b), 6(7)(b); s. 41 modified by the said S.I. 1993/1813, art. 6, Sch. 3 paras. 4, 5, 6 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 paras. 5, 6, 7

C62 S. 41(1)(2)(b)(c)(d)(4)-(9) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)

C63 S. 41(1)(2)(4)(6)-(9) applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)

42 Authorisation of continued detention. E+W

(1) Where a police officer of the rank of superintendent or above who is responsible for the police station at which a person is detained has reasonable grounds for believing that—

(a) the detention of that person without charge is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him;

[F106 (b) an offence for which he is under arrest is an [F107 indictable] offence; and]

(c) the investigation is being conducted diligently and expeditiously,

he may authorise the keeping of that person in police detention for a period expiring at or before 36 hours after the relevant time.

(2) Where an officer such as is mentioned in subsection (1) above has authorised the keeping of a person in police detention for a period expiring less than 36 hours after the relevant time, such an officer may authorise the keeping of that person in police detention for a further period expiring not more than 36 hours after that time if the conditions specified in subsection (1) above are still satisfied when he gives the authorisation.

(3) If it is proposed to transfer a person in police detention to another police area, the officer determining whether or not to authorise keeping him in detention under subsection (1) above shall have regard to the distance and the time the journey would take.

(4) No authorisation under subsection (1) above shall be given in respect of any person—

(a) more than 24 hours after the relevant time; or

(b) before the second review of his detention under section 40 above has been carried out.

(5) Where an officer authorises the keeping of a person in police detention under subsection (1) above, it shall be his duty—

(a) to inform that person of the grounds for his continued detention; and

(b) to record the grounds in that person’s custody record.

(6) Before determining whether to authorise the keeping of a person in detention under subsection (1) or (2) above, an officer shall give—

(a) that person; or

(b) any solicitor representing him who is available at the time when it falls to the officer to determine whether to give the authorisation,

an opportunity to make representations to him about the detention.

(7) Subject to subsection (8) below, the person in detention or his solicitor may make representations under subsection (6) above either orally or in writing.

(8) The officer to whom it falls to determine whether to give the authorisation may refuse to hear oral representations from the person in detention if he considers that he is unfit to make such representations by reason of his condition or behaviour.

(9) Where—

(a) an officer authorises the keeping of a person in detention under subsection (1) above; and

(b) at the time of the authorisation he has not yet exercised a right conferred on him by section 56 or 58 below,

the officer—

(i) shall inform him of that right;

(ii) shall decide whether he should be permitted to exercise it;

(iii) shall record the decision in his custody record; and

(iv) if the decision is to refuse to permit the exercise of the right, shall also record the grounds for the decision in that record.

(10) Where an officer has authorised the keeping of a person who has not been charged in detention under subsection (1) or (2) above, he shall be released from detentionF108 ..., not later than 36 hours after the relevant time [F109 —

(a) without bail unless the pre-conditions for bail are satisfied, or

(b) on bail if those pre-conditions are satisfied,

(subject to subsection (10A))].

[F110 (10A) Subsection (10) does not apply if—

(a) the person has been charged with an offence, or

(b) the person’s continued detention is authorised or otherwise permitted in accordance with section 43.]

(11) A person released under subsection (10) above shall not be re-arrested without a warrant for the offence for which he was previously arrested unless [F111 , since the person’s release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before] his release[F112 ; but this subsection does not prevent an arrest under section 46A below.]

[F113 (12) Subsection (13) applies where—

(a) a person is released under subsection (10), and

(b) a custody officer determines that—

(i) there is not sufficient evidence to charge the person with an offence, or

(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(13) The custody officer must give the person notice in writing that the person is not to be prosecuted.

(14) Subsection (13) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.]

Textual Amendments

F106 S. 42(1)(b) substituted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 7, 336; S.I. 2004/81, art. 2(1)(2)(a)

F107 Word in s. 42(1)(b) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 3 para. 43(7); S.I. 2005/3495, art. 2(1)(m)

F108 Words in s. 42(10) omitted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 56(3)(a), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)

F109 Words in s. 42(10) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 56(3)(b), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)

F110 S. 42(10A) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 56(4), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)

F111 Words in s. 42(11) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 65(4), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 17 (with reg. 5)

F112 Words in s. 42(11) inserted (10.4.1995) by 1994 c. 33, s. 29(4)(b)(5); S.I. 1995/721, art. 2, Sch.

F113 S. 42(12)-(14) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 67(3), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 18

Modifications etc. (not altering text)

C64 Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

C65 s. 42 modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 3(3), 4(4)(b), 5(7)(b), 6(7)(b); s. 42 modified by the said S.I. 1993/1813, art. 6, Sch. 3 paras. 4, 5, 6 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 paras. 5, 6, 7

C66 S. 42 applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)

C67 S. 42(1)(2) applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)

C68 S. 42(4)-(11) applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)

C69 S. 42(7) amended by S.I. 1991/2684, arts. 1, 2, 4 and Sch. 1

C70 S. 42(7) applied (with modifications) (23.12.2011) by The Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011 (S.I. 2011/2866), art. 1(2), Sch. 2

43 Warrants of further detention. E+W

(1) Where, on an application on oath made by a constable and supported by an information, a magistrates’ court is satisfied that there are reasonable grounds for believing that the further detention of the person to whom the application relates is justified, it may issue a warrant of further detention authorising the keeping of that person in police detention.

(2) A court may not hear an application for a warrant of further detention unless the person to whom the application relates—

(a) has been furnished with a copy of the information; and

(b) has been brought before the court for the hearing.

(3) The person to whom the application relates shall be entitled to be legally represented at the hearing and, if he is not so represented but wishes to be so represented—

(a) the court shall adjourn the hearing to enable him to obtain representation; and

(b) he may be kept in police detention during the adjournment.

(4) A person’s further detention is only justified for the purposes of this section or section 44 below if—

(a) his detention without charge is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him;

(b) an offence for which he is under arrest is [F114 an indictable offence] ; and

(c) the investigation is being conducted diligently and expeditiously.

(5) Subject to subsection (7) below, an application for a warrant of further detention may be made—

(a) at any time before the expiry of 36 hours after the relevant time; or

(b) in a case where—

(i) it is not practicable for the magistrates’ court to which the application will be made to sit at the expiry of 36 hours after the relevant time; but

(ii) the court will sit during the 6 hours following the end of that period,

at any time before the expiry of the said 6 hours.

(6) In a case to which subsection (5)(b) above applies—

(a) the person to whom the application relates may be kept in police detention until the application is heard; and

(b) the custody officer shall make a note in that person’s custody record—

(i) of the fact that he was kept in police detention for more than 36 hours after the relevant time; and

(ii) of the reason why he was so kept.

(7) If—

(a) an application for a warrant of further detention is made after the expiry of 36 hours after the relevant time; and

(b) it appears to the magistrates’ court that it would have been reasonable for the police to make it before the expiry of that period,

the court shall dismiss the application.

(8) Where on an application such as is mentioned in subsection (1) above a magistrates’ court is not satisfied that there are reasonable grounds for believing that the further detention of the person to whom the application relates is justified, it shall be its duty—

(a) to refuse the application; or

(b) to adjourn the hearing of it until a time not later than 36 hours after the relevant time.

(9) The person to whom the application relates may be kept in police detention during the adjournment.

(10) A warrant of further detention shall—

(a) state the time at which it is issued;

(b) authorise the keeping in police detention of the person to whom it relates for the period stated in it.

(11) Subject to subsection (12) below, the period stated in a warrant of further detention shall be such period as the magistrates’ court thinks fit, having regard to the evidence before it.

(12) The period shall not be longer than 36 hours.

(13) If it is proposed to transfer a person in police detention to a police area other than that in which he is detained when the application for a warrant of further detention is made, the court hearing the application shall have regard to the distance and the time the journey would take.

(14) Any information submitted in support of an application under this section shall state—

(a) the nature of the offence for which the person to whom the application relates has been arrested;

(b) the general nature of the evidence on which that person was arrested;

(c) what inquiries relating to the offence have been made by the police and what further inquiries are proposed by them;

(d) the reasons for believing the continued detention of that person to be necessary for the purposes of such further inquiries.

(15) Where an application under this section is refused, the person to whom the application relates shall forthwith be charged or, subject to subsection (16) below, released [F115 —

(a) without bail unless the pre-conditions for bail are satisfied, or

(b) on bail if those pre-conditions are satisfied.]

(16) A person need not be released under subsection (15) above—

(a) before the expiry of 24 hours after the relevant time; or

(b) before the expiry of any longer period for which his continued detention is or has been authorised under section 42 above.

(17) Where an application under this section is refused, no further application shall be made under this section in respect of the person to whom the refusal relates, unless supported by evidence which has come to light since the refusal.

(18) Where a warrant of further detention is issued, the person to whom it relates shall [F116 , unless the person is charged, be released from police detention upon or before the expiry of the warrant—

(a) without bail unless the pre-conditions for bail are satisfied, or

(b) on bail if those pre-conditions are satisfied.]

(19) A person released under subsection (18) above shall not be re-arrested without a warrant for the offence for which he was previously arrested unless [F117 , since the person’s release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before] his release[F118 ; but this subsection does not prevent an arrest under section 46A below.]

[F119 (20) Subsection (21) applies where—

(a) a person is released under subsection (15) or (18), and

(b) a custody officer determines that—

(i) there is not sufficient evidence to charge the person with an offence, or

(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(21) The custody officer must give the person notice in writing that the person is not to be prosecuted.

(22) Subsection (21) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.]

Textual Amendments

F114 Words in s. 43(4)(b) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 3 para. 43(8); S.I. 2005/3495, art. 2(1)(m)

F115 Words in s. 43(15) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 57(2), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)

F116 Words in s. 43(18) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 57(3), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)

F117 Words in s. 43(19) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 65(5), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 17 (with reg. 5)

F118 Words in s. 43(19) inserted (10.4.1995) by 1994 c. 33, s. 29(4)(b)(5); S.I. 1995/721, art. 2, Sch.

F119 S. 43(20)-(22) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 67(4), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 18

Modifications etc. (not altering text)

C71 Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

C72 S. 43 modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 4(4)(b), 5(7)(b), 6(7)(b); s. 43 modified by the said S.I. 1993/1813, art. 6, Sch. 3 paras. 4, 5, 6 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 paras. 5, 6, 7

C73 S. 43 applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)

C74 S. 43 applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(s), Sch.

C75 S. 43(1)-(12)(14)-(19) applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)

44 Extension of warrants of further detention. E+W

(1) On an application on oath made by a constable and supported by an information a magistrates’ court may extend a warrant of further detention issued under section 43 above if it is satisfied that there are reasonable grounds for believing that the further detention of the person to whom the application relates is justified.

(2) Subject to subsection (3) below, the period for which a warrant of further detention may be extended shall be such period as the court thinks fit, having regard to the evidence before it.

(3) The period shall not—

(a) be longer than 36 hours; or

(b) end later than 96 hours after the relevant time.

(4) Where a warrant of further detention has been extended under subsection (1) above, or further extended under this subsection, for a period ending before 96 hours after the relevant time, on an application such as is mentioned in that subsection a magistrates’ court may further extend the warrant if it is satisfied as there mentioned; and subsections (2) and (3) above apply to such further extensions as they apply to extensions under subsection (1) above.

(5) A warrant of further detention shall, if extended or further extended under this section, be endorsed with a note of the period of the extension.

(6) Subsections (2), (3) and (14) of section 43 above shall apply to an application made under this section as they apply to an application made under that section.

(7) Where an application under this section is refused, the person to whom the application relates shall forthwith be charged or, subject to subsection (8) below, released [F120 —

(a) without bail unless the pre-conditions for bail are satisfied, or

(b) on bail if those pre-conditions are satisfied.]

(8) A person need not be released under subsection (7) above before the expiry of any period for which a warrant of further detention issued in relation to him has been extended or further extended on an earlier application made under this section.

[F121 (9) Subsection (10) applies where—

(a) a person is released under subsection (7), and

(b) a custody officer determines that—

(i) there is not sufficient evidence to charge the person with an offence, or

(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(10) The custody officer must give the person notice in writing that the person is not to be prosecuted.

(11) Subsection (10) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.]

Textual Amendments

F120 Words in s. 44(7) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 57(4), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)

F121 S. 44(9)-(11) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 67(5), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 18

Modifications etc. (not altering text)

C76 Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

C77 S. 44 applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)

C78 S. 44 applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)

C79 S. 44 applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(t), Sch.

45 Detention before charge—supplementary. E+W

(1) In [F122 sections 43, 44 and 45ZB] of this Act “magistrates’ court” means a court consisting of two or more justices of the peace sitting otherwise than in open court.

(2) Any reference in this Part of this Act to a period of time or a time of day is to be treated as approximate only.

Textual Amendments

F122 Words in s. 45(1) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 74(3), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 23

[F123 Use of live links E+W

Textual Amendments

F123 Ss. 45ZA, 45ZB and cross-heading inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 74(2), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 23

45ZA Functions of extending detention: use of live links E+W

(1) The functions of a police officer under section 42(1) or (2) may be performed, in relation to an arrested person who is held at a police station, by an officer who is not present at the police station but has access to the use of a live link if—

(a) a custody officer considers that the use of the live link is appropriate,

(b) the arrested person has had advice from a solicitor on the use of the live link, and

(c) the appropriate consent to the use of the live link has been given.

(2) In subsection (1)(c), “the appropriate consent” means—

(a) in relation to a person who has attained the age of 18, the consent of that person;

(b) in relation to a person who has not attained that age but has attained the age of 14, the consent of that person and of his or her parent or guardian;

(c) in relation to a person who has not attained the age of 14, the consent of his or her parent or guardian.

(3) The consent of a person who has not attained the age of 18 (but has attained the age of 14), or who is a vulnerable adult, may only be given in the presence of an appropriate adult.

(4) Section 42 applies with the modifications set out in subsections (5) to (7) below in any case where the functions of a police officer under that section are, by virtue of subsection (1), performed by an officer who is not at the police station where the arrested person is held.

(5) Subsections (5)(b) and (9)(iii) and (iv) of that section are each to be read as if, instead of requiring the officer to make a record, they required the officer to cause another police officer to make a record.

(6) Subsection (6) of that section is to be read as if it required the officer to give the persons mentioned in that subsection an opportunity to make representations—

(a) if facilities exist for the immediate transmission of written representations to the officer, either in writing by means of those facilities or orally by means of the live link, or

(b) in any other case, orally by means of the live link.

(7) Subsection (9) of that section is to be read as if the reference in paragraph (b) to the right conferred by section 58 were omitted.

(8) In this section—

• “live link” means an arrangement by which an officer who is not present at the police station where an arrested person is held is able to see and hear, and to be seen and heard by, the arrested person and the arrested person’s solicitor (and for this purpose any impairment of eyesight or hearing is to be disregarded);

• “vulnerable adult” means a person aged 18 or over who may have difficulty understanding the purpose of an authorisation under section 42(1) or (2) or anything that occurs in connection with a decision whether to give such an authorisation (whether because of a mental disorder or for any other reason);

• “appropriate adult”, in relation to a person who has not attained the age of 18, means—

  (a)

  the persons’s parent or guardian or, if the person is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,

  (b)

  a social worker of a local authority, or

  (c)

  if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes;

• “appropriate adult”, in relation to a vulnerable adult, means—

  (a)

  a relative, guardian or other person responsible for the vulnerable adult’s care,

  (b)

  a person who is experienced in dealing with vulnerable adults but who is not a police officer or a person employed for, or engaged on, police purposes, or

  (c)

  if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes.

(9) In subsection (8), in both definitions of “appropriate adult”, “police purposes” has the meaning given by section 101(2) of the Police Act 1996.

45ZB Warrants for further detention: use of live links E+W

(1) A magistrates’ court may give a live link direction for the purpose of the hearing of an application under section 43 for a warrant authorising further detention of a person, or the hearing of an application under section 44 for an extension of such a warrant, if—

(a) a custody officer considers that the use of a live link for that purpose is appropriate,

(b) the person to whom the application relates has had legal advice on the use of the live link,

(c) the appropriate consent to the use of the live link has been given, and

(d) it is not contrary to the interests of justice to give the direction.

(2) In subsection (1)(c), “the appropriate consent” means—

(a) in relation to a person who has attained the age of 18, the consent of that person;

(b) in relation to a person who has not attained that age but has attained the age of 14, the consent of that person and of his or her parent or guardian;

(c) in relation to a person who has not attained the age of 14, the consent of his or her parent or guardian.

(3) Where a live link direction is given, the requirement under section 43(2)(b) for the person to whom the application relates to be brought before the court for the hearing does not apply.

(4) In this section—

• “live link direction” means a direction that a live link be used for the purposes of the hearing;

• “live link” means an arrangement by which a person (when not in the place where the hearing is being held) is able to see and hear, and to be seen and heard by, the court during a hearing (and for this purpose any impairment of eyesight or hearing is to be disregarded);

• “vulnerable adult” means a person aged 18 or over who may have difficulty understanding the purpose of the hearing or what occurs at it (whether because of a mental disorder or for any other reason);

• “appropriate adult”, in relation to a person aged under 18, means—

  (a)

  the person’s parent or guardian or, if the person is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,

  (b)

  a social worker of a local authority, or

  (c)

  if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes;

• “appropriate adult”, in relation to a vulnerable adult, means—

  (a)

  a relative, guardian or other person responsible for the appropriate adult’s care,

  (b)

  a person who is experienced in dealing with vulnerable adults but who is not a police officer or a person employed for, or engaged on, police purposes, or

  (c)

  if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes.

(5) In subsection (4), in both definitions of “appropriate adult”, “police purposes” has the meaning given by section 101(2) of the Police Act 1996.]

[F124 45A [F125 Use of live links for other decisions about detention] E+W

(1) Subject to the following provisions of this section, the Secretary of State may by regulations provide that, in the case of an arrested person who is held in a police station, some or all of the functions mentioned in subsection (2) may be performed (notwithstanding anything in the preceding provisions of this Part) by an officer who—

(a) is not present in that police station; but

(b) has access to the use of[F126 a live link].

(2) Those functions are—

(a) the functions in relation to an arrested person taken to [F127 , or answering to bail at,] a police station that is not a designated police station which, in the case of an arrested person taken to a station that is a designated police station, are functions of a custody officer under section 37, 38 or 40 above; and

(b) the function of carrying out a review under section 40(1)(b) above (review, by an officer of at least the rank of inspector, of the detention of person arrested but not charged).

(3) Regulations under this section shall specify the use to be made in the performance of the functions mentioned in subsection (2) above of [F128 a live link].

(4) Regulations under this section shall not authorise the performance of any of the functions mentioned in subsection (2)(a) above by such an officer as is mentioned in subsection (1) above unless he is a custody officer for a designated police station.

(5) Where any functions mentioned in subsection (2) above are performed in a manner authorised by regulations under this section—

(a) any obligation of the officer performing those functions to make a record in connection with the performance of those functions shall have effect as an obligation to cause another officer to make the record; and

(b) any requirement for the record to be made in the presence of the arrested person shall apply to the making of that record by that other officer.

(6) Where the functions mentioned in subsection (2)(b) are performed in a manner authorised by regulations under this section, the requirements under section 40(12) and (13) above for—

(a) the arrested person, or

(b) a solicitor representing him,

to be given any opportunity to make representations (whether in writing or orally) to the person performing those functions shall have effect as a requirement for that person, or such a solicitor, to be given an opportunity to make representations in a manner authorised by subsection (7) below.

(7) Representations are made in a manner authorised by this subsection—

(a) in a case where facilities exist for the immediate transmission of written representations to the officer performing the functions, if they are made either—

(i) orally to that officer by means of [F129 the live link] used by him for performing those functions; or

(ii) in writing to that officer by means of the facilities available for the immediate transmission of the representations;

and

(b) in any other case if they are made orally to that officer by means of [F130 the live link] used by him for performing the functions.

(8) Regulations under this section may make different provision for different cases and may be made so as to have effect in relation only to the police stations specified or described in the regulations.

(9) Regulations under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F131 (10) In this section, “live link”, in relation to any functions, means an arrangement by which the functions may be performed by an officer who is not present at the police station where an arrested person is held but who is able (for the purpose of the functions) to see and hear, and to be seen and heard by, the arrested person and any legal representative of that person (and for this purpose any impairment of eyesight or hearing is to be disregarded).]]

Textual Amendments

F124 S. 45A inserted (1.4.2003) by 2001 c. 16, ss. 73(3), 138(2); S.I. 2003/708, art. 2(d)

F125 S. 45A heading substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 74(4)(a), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 23

F126 Words in s. 45A(1)(b) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 74(4)(b), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 23

F127 Words in s. 45A(2)(a) inserted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 12, 336, Sch. 1 Pt. 1 para. 9; S.I. 2004/81, art. 2(1)(2)(a)

F128 Words in s. 45A(3) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 74(4)(c), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 23

F129 Words in s. 45A(7)(a)(i) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 74(4)(d), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 23

F130 Words in s. 45A(7)(b) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 74(4)(d), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 23

F131 S. 45A(10) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 74(4)(e), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 23

Detention—miscellaneous E+W

46 Detention after charge. E+W

(1) Where a person—

(a) is charged with an offence; and

(b) after being charged—

(i) is kept in police detention; or

(ii) is detained by a local authority in pursuance of arrangements made under section 38(6) above,

he shall be brought before a magistrates’ court in accordance with the provisions of this section.

(2) If he is to be brought before a magistrates’ court [F132 in the local justice] area in which the police station at which he was charged is situated, he shall be brought before such a court as soon as is practicable and in any event not later than the first sitting after he is charged with the offence.

(3) If no magistrates’ court [F133 in that area] is due to sit either on the day on which he is charged or on the next day, the custody officer for the police station at which he was charged shall inform the [F134 designated officer]for the area that there is a person in the area to whom subsection (2) above applies.

(4) If the person charged is to be brought before a magistrates’ court [F135 in a local justice] area other than that in which the police station at which he was charged is situated, he shall be removed to that area as soon as is practicable and brought before such a court as soon as is practicable after his arrival in the area and in any event not later than the first sitting of a magistrates’ court [F136 in that area] after his arrival in the area.

(5) If no magistrates’ court [F137 in that area] is due to sit either on the day on which he arrives in the area or on the next day—

(a) he shall be taken to a police station in the area; and

(b) the custody officer at that station shall inform the [F138 designated officer] for the area that there is a person in the area to whom subsection (4) applies.

(6) Subject to subsection (8) below, where [F139 the designated officer for a local justice] area has been informed—

(a) under subsection (3) above that there is a person in the area to whom subsection (2) above applies; or

(b) under subsection (5) above that there is a person in the area to whom subsection (4) above applies,

[F140 the designated officer] shall arrange for a magistrates’ court to sit not later than the day next following the relevant day.

(7) In this section “the relevant day”—

(a) in relation to a person who is to be brought before a magistrates’ court [F141 in the local justice] area in which the police station at which he was charged is situated, means the day on which he was charged; and

(b) in relation to a person who is to be brought before a magistrates’ court [F142 in any other local justice] area, means the day on which he arrives in the area.

(8) Where the day next following the relevant day is Christmas Day, Good Friday or a Sunday, the duty of the [F143 designated officer] under subsection (6) above is a duty to arrange for a magistrates’ court to sit not later than the first day after the relevant day which is not one of those days.

(9) Nothing in this section requires a person who is in hospital to be brought before a court if he is not well enough.

Textual Amendments

F132 Words in s. 46(2) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 282(2); S.I. 2005/910, art. 3(y)

F133 Words in s. 46(3) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 282(3)(a); S.I. 2005/910, art. 3(y)

F134 Words in s. 46(3) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 282(3)(b); S.I. 2005/910, art. 3(y)

F135 Words in s. 46(4) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 282(4)(a); S.I. 2005/910, art. 3(y)

F136 Words in s. 46(4) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 282(4)(b); S.I. 2005/910, art. 3(y)

F137 Words in s. 46(5) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 282(5)(a); S.I. 2005/910, art. 3(y)

F138 Words in s. 46(5) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 282(5)(b); S.I. 2005/910, art. 3(y)

F139 Words in s. 46(6) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 282(6)(a); S.I. 2005/910, art. 3(y)

F140 Words in s. 46(6) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 282(6)(b); S.I. 2005/910, art. 3(y)

F141 Words in s. 46(7) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 282(7)(a); S.I. 2005/910, art. 3(y)

F142 Words in s. 46(7) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 282(7)(b); S.I. 2005/910, art. 3(y)

F143 Words in s. 46(8) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 282(8); S.I. 2005/910, art. 3(y)

Modifications etc. (not altering text)

C80 S. 46 excluded (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 88(2), 336; S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2) (as amended by S.I. 2005/2122, art. 2)

C81 S. 46 applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)

F144 [46ZA Persons granted live link bail E+W

(1) This section applies in relation to bail granted under this Part subject to the duty mentioned in section 47(3)(b)(“live link bail”).

(2) An accused person who attends a police station to answer to live link bail is not to be treated as in police detention for the purposes of this Act.

(3) Subsection (2) does not apply in relation to an accused person if—

F145 [(a) at any time before the beginning of proceedings in relation to a live link direction under section 57C of the Crime and Disorder Act 1998 in relation to him, he informs a constable that he does not intend to give his consent to the direction;]

F146 (b) [at any time before the beginning of proceedings in relation to a live link direction under section 57C of the Crime and Disorder Act 1998 in relation to the accused person, ]a constable informs him that a live link will not be available for his use for the purposes of that section;

F147 [(c) proceedings in relation to a live link direction under that section have begun but he does not give his consent to the direction; or]

(d) the court determines for F148 [any reason] not to give such a direction.

(4) If F149 [paragraph (b) or (d) of subsection (3) applies] in relation to a person, he is to be treated for the purposes of this Part—

(a) as if he had been arrested for and charged with the offence in connection with which he was granted bail, and

(b) as if he had been so charged at the time when that paragraph first applied in relation to him.

(5) An accused person who is arrested under section 46A for failing to attend at a police station to answer to live link bail, and who is brought to a police station in accordance with that section, is to be treated for the purposes of this Part—

(a) as if he had been arrested for and charged with the offence in connection with which he was granted bail, and

(b) as if he had been so charged at the time when he is brought to the station.

(6) Nothing in subsection (4) or (5) affects the operation of section 47(6).]

Textual Amendments

F144 S. 46ZA inserted (1.4.2007 for specified purposes, 14.11.2008 for specified purposes, 3.10.2011 for specified purposes, 8.10.2012 in so far as not already in force) by Police and Justice Act 2006 (c. 48), ss. 46(3), 53(1); S.I. 2007/709, art. 3(n) (with art. 6); S.I. 2008/2785, art. 2; S.I. 2011/2144, art. 2(1)(b); S.I. 2012/2373, art. 2(b)

F145 S. 46ZA(3)(a) repealed (14.12.2009 for specified purposes, 6.4.2010 for specified purposes, 3.10.2011 for specified purposes, 8.10.2012 in so far as not already in force) by Coroners and Justice Act 2009 (c. 25), ss. 107(2)(a)(i), 182(5), Sch. 23 Pt. 3 (with s. 180); S.I. 2009/3253, art. 3(1)(b) (with art. 4); S.I. 2010/816, art. 4; S.I. 2011/2148, art. 2; S.I. 2012/2374, art. 3(b)(e)

F146 Words in s. 46ZA(3)(b) substituted (14.12.2009 for specified purposes, 3.10.2011 for specified purposes, 8.10.2012 in so far as not already in force) by Coroners and Justice Act 2009 (c. 25), ss. 107(2)(a)(ii), 182(5) (with s. 180); S.I. 2009/3253, art. 3(1)(b) (with art. 4); S.I. 2011/2148, art. 2; S.I. 2012/2374, art. 3(b)

F147 S. 46ZA(3)(c) repealed (14.12.2009 for specified purposes, 6.4.2010 for specified purposes, 3.10.2011 for specified purposes, 8.10.2012 in so far as not already in force) by Coroners and Justice Act 2009 (c. 25), ss. 107(2)(a)(iii), 182(5), Sch. 23 Pt. 3 (with s. 180); S.I. 2009/3253, art. 3(1)(b) (with art. 4); S.I. 2010/816, art. 4; S.I. 2011/2148, art. 2; S.I. 2012/2374, art. 3(b)(e)

F148 Words in s. 46ZA(3)(d) substituted (14.12.2009 for specified purposes, 3.10.2011 for specified purposes, 8.10.2012 in so far as not already in force) by Coroners and Justice Act 2009 (c. 25), ss. 107(2)(a)(iv), 182(5) (with s. 180); S.I. 2009/3253, art. 3(1)(b) (with art. 4); S.I. 2011/2148, art. 2; S.I. 2012/2374, art. 3(b)

F149 Words in s. 46ZA(4) substituted (14.12.2009 for specified purposes, 3.10.2011 for specified purposes, 8.10.2012 in so far as not already in force) by Coroners and Justice Act 2009 (c. 25), ss. 107(2)(b), 182(5) (with s. 180); S.I. 2009/3253, art. 3(1)(b) (with art. 4); S.I. 2011/2148, art. 2; S.I. 2012/2374, art. 3(b)

[F150 46A Power of arrest for failure to answer to police bail. E+W

(1) A constable may arrest without a warrant any person who, having been released on bail under this Part of this Act subject to a duty to attend at a police station, fails to attend at that police station at the time appointed for him to do so.

F151 [(1ZA) The reference in subsection (1) to a person who fails to attend at a police station at the time appointed for him to do so includes a reference to a person who—

(a) attends at a police station to answer to bail granted subject to the duty mentioned in section 47(3)(b), but

(b) leaves the police station at any time before the beginning of proceedings in relation to a live link direction under section 57C of the Crime and Disorder Act 1998 in relation to him [F152 , without informing a constable that he does not intend to give his consent to the direction.]]

F153 [(1ZB) The reference in subsection (1) to a person who fails to attend at a police station at the time appointed for the person to do so includes a reference to a person who—

(a) attends at a police station to answer to bail granted subject to the duty mentioned in section 47(3)(b), but

(b) refuses to be searched under section 54B.]

[F154 (1A) A person who has been released on bail under [F155 this Part] may be arrested without warrant by a constable if the constable has reasonable grounds for suspecting that the person has broken any of the conditions of bail.]

(2) A person who is arrested under this section shall be taken to the police station appointed as the place at which he is to surrender to custody as soon as practicable after the arrest.

(3) For the purposes of—

(a) section 30 above (subject to the obligation in subsection (2) above), and

(b) section 31 above,

an arrest under this section shall be treated as an arrest for an offence.]

Textual Amendments

F150 S. 46A inserted (10.4.1995) by 1994 c. 33, s. 29(2)(5); S.I. 1995/721, art. 2,Sch.

F151 S. 46A(1ZA) inserted (1.4.2007 for specified purposes, 14.11.2008 for specified purposes, 3.10.2011 for specified purposes, 8.10.2012 in so far as not already in force) by Police and Justice Act 2006 (c. 48), ss. 46(4), 53(1); S.I. 2007/709, art. 3(n) (with art. 6); S.I. 2008/2785, art. 2; S.I. 2011/2144, art. 2(1)(b); S.I. 2012/2373, art. 2(b)

F152 Words in s. 46A(1ZA) omitted (14.12.2009 in relation to the relevant local justice areas specified in art. 3(2) of the first commencing S.I.) by virtue of and repealed (prosp.) by Coroners and Justice Act 2009 (c. 25), ss. 107(3), 178, 182, Sch. 23 Pt. 3 (with s. 180, Sch. 22); S.I. 2009/3253, art. 3(1)(b)(2) (with art. 4)

F153 S. 46A(1ZB) inserted (14.12.2009 for specified purposes, 3.10.2011 for specified purposes, 8.10.2012 in so far as not already in force) by Coroners and Justice Act 2009 (c. 25), ss. 108(2), 182(5) (with s. 180); S.I. 2009/3253, art. 3(1)(c); S.I. 2011/2148, art. 2; S.I. 2012/2374, art. 3(c)

F154 S. 46A(1A) inserted (29.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 28, 336, Sch. 2 para. 5; S.I. 2004/81, art. 4(1)(2)(c)

F155 Words in s. 46A(1A) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 61(2), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 13

Modifications etc. (not altering text)

C82 S. 46A applied (with modifications) by Criminal Justice Act 2003 (c. 44), s. 24B(5)(b) (as inserted (29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 18(1), 53 (with s. 18(2)); S.I. 2007/1614, art. 2(e))

C83 S. 46A(1) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)

C84 S. 46A(1) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 3(2)-(4), Sch. 1 (with arts. 4-11)

C85 S. 46A(1)(1A) applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)

C86 Ss. 46A(1A)-(3) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)

C87 Ss. 46A(1A)-(3) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 3(2)-(4), Sch. 1 (with arts. 4-11)

47 Bail after arrest. E+W

(1) [F156 Subject to the following provisions of this section], a release on bail of a person under this Part of this Act shall be a release on bail granted in accordance with [F157 sections 3, 3A, 5 and 5A of the Bail Act 1976 as they apply to bail granted by a constable].

F158 [(1A) The normal powers to impose conditions of bail shall be available to him where a custody officer releases a person on bail under [F159 this Part (except sections 37C(2)(b) and 37CA(2)(b))]. In this subsection, “the normal powers to impose conditions of bail” has the meaning given in section 3(6) of the Bail Act 1976.]

[F160 (1B) No application may be made under section 5B of the Bail Act 1976 if a person is released on bail under section F161 [F162 ... 37C(2)(b) or 37CA(2)(b)] above.

(1C) Subsections (1D) to (1F) below apply where a person released on bail under section F163 [F164 ... 37C(2)(b) or 37CA(2)(b)] above is on bail subject to conditions.

(1D) The person shall not be entitled to make an application under section 43B of the Magistrates' Courts Act 1980.

(1E) A magistrates' court may, on an application by or on behalf of the person, vary the conditions of bail; and in this subsection “vary” has the same meaning as in the Bail Act 1976.

(1F) Where a magistrates' court varies the conditions of bail under subsection (1E) above, that bail shall not lapse but shall continue subject to the conditions as so varied.]

(2) Nothing in the Bail Act 1976 shall prevent the re-arrest without warrant of a person released on bail subject to a duty to attend at a police station if[F165 , since the person’s release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before the person’s release].

(3) Subject to [F166 subsections (3A) and (4)] below, in this Part of this Act references to “bail” are references to bail subject to a duty—

[F167 (a) to appear before a magistrates' court at such time and such place as the custody officer may appoint;

(b) to attend at such police station as the custody officer may appoint at such time as he may appoint for the purposes of—

(i) proceedings in relation to a live link direction under section 57C of the Crime and Disorder Act 1998 (use of live link direction at preliminary hearings where accused is at police station); and

(ii) any preliminary hearing in relation to which such a direction is given; or

(c) to attend at such police station as the custody officer may appoint at such time as he may appoint for purposes other than those mentioned in paragraph (b) [F168 (subject to section 47ZA)].]

[F169 (3A) Where a custody officer grants bail to a person subject to a duty to appear before a magistrates’ court, he shall appoint for the appearance—

(a) a date which is not later than the first sitting of the court after the person is charged with the offence; or

(b) where he is informed by the [F170 designated officer for the relevant local justice] area that the appearance cannot be accommodated until a later date, that later date.]

(4) Where a custody officer has granted bail to a person subject to a duty to appear at a police station, the custody officer may give notice in writing to that person that his attendance at the police station is not required.

[F171 (4A) Where a person has been granted bail under this Part subject to a duty to attend at a police station, a custody officer may subsequently appoint a different time, or an additional time, at which the person is to attend at the police station to answer bail.

(4B) The custody officer must give the person notice in writing of the exercise of the power under subsection (4A).

(4C) The exercise of the power under subsection (4A) does not affect the conditions of bail (if any).

(4D) A custody officer may not appoint a time for a person’s attendance under subsection (4A) which is after the end of the applicable bail period in relation to the person.

(4E) Subsection (4D) is subject to section 47ZL.]

F172 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where a person [F173 who has been granted bail [F174 under this Part] and either has attended at the police station in accordance with the grant of bail or has been arrested under section 46A above is detained at a police station], any time during which he was in police detention prior to being granted bail shall be included as part of any period which falls to be calculated under this Part of this Act [F175 and any time during which he was on bail shall not be so included].

(7) Where a person who was released on bail [F176 under this Part] subject to a duty to attend at a police station is re-arrested, the provisions of this Part of this Act shall apply to him as they apply to a person arrested for the first time [F177 ; but this subsection does not apply to a person who is arrested under section 46A above or has attended a police station in accordance with the grant of bail (and who accordingly is deemed by section 34(7) above to have been arrested for an offence) F178 [or to a person to whom section 46ZA(4) or (5) applies.]]

(8) In the M4 Magistrates’ Court Act 1980—

(a) the following section shall be substituted for section 43—

“43 Bail on arrest

(1) Where a person has been granted bail under the Police and Criminal Evidence Act 1984 subject to a duty to appear before a magistrates’ court, the court before which he is to appear may appoint a later time as the time at which he is to appear and may enlarge the recognizances of any sureties for him at that time.

(2) The recognizance of any surety for any person granted bail subject to a duty to attend at a police station may be enforced as if it were conditioned for his appearance before a magistrates’ court for the petty sessions area in which the police station named in the recognizance is situated.”; and

(b) the following subsection shall be substituted for section 117(3)—

“(3) Where a warrant has been endorsed for bail under subsection (1) above—

(a) where the person arrested is to be released on bail on his entering into a recognizance without sureties, it shall not be necessary to take him to a police station, but if he is so taken, he shall be released from custody on his entering into the recognizance; and

(b) where he is to be released on his entering into a recognizance with sureties, he shall be taken to a police station on his arrest, and the custody officer there shall (subject to his approving any surety tendered in compliance with the endorsement) release him from custody as directed in the endorsement.”.

Textual Amendments

F156 Words in s. 47(1) substituted (29.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 28, 336, Sch. 2 para. 6(2); S.I. 2004/81, art. 4(1)(2)(c)

F157 Words in s. 47(1) substituted (10.4.1995) by 1994 c. 33, s. 27(1)(a); S.I. 1995/721, art. 2, Sch.

F158 S. 47(1A) inserted (10.4.1995) by 1994 c. 33, s. 27(1)(b); S.I. 1995/721, art. 2, Sch.

F159 Words in s. 47(1A) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 61(4), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 13

F160 S. 47(1B)-(1F) inserted (29.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 28, 336, Sch. 2 para. 6(4); S.I. 2004/81, art. 4(1)(2)(c)

F161 Word in s. 47(1B) omitted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 61(5), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 13

F162 Words in s. 47(1B) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 10, 53, Sch. 6 para. 11; S.I. 2007/709, art. 3(i) (subject to arts. 6, 7)

F163 Word in s. 47(1C) omitted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 61(5), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 13

F164 Words in s. 47(1C) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 10, 53, Sch. 6 para. 11; S.I. 2007/709, art. 3(i) (subject to arts. 6, 7)

F165 Words in s. 47(2) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 65(6), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 17 (with reg. 5)

F166 Words in s. 47(3) substituted (30.9.1998 for the purposes specified in S.I. 1998/2327, art. 3(2), Sch. 2 and otherwise 1.11.1999) by 1998 c. 37, s. 46(1); S.I. 1998/2327, art. 3(2), Sch. 2 and S.I. 1999/2976, art. 2

F167 S. 47(3)(a)-(c) substituted for s. 47(3)(a) (1.4.2007 for specified purposes, 14.11.2008 for specified purposes, 3.10.2011 for specified purposes, 8.10.2012 in so far as not already in force) by Police and Justice Act 2006 (c. 48), ss. 46(5)(a), 53(1); S.I. 2007/709, art. 3(n) (with art. 6); S.I. 2008/2785, art. 2; S.I. 2011/2144, art. 2(1)(b); S.I. 2012/2373, art. 2(b)

F168 Words in s. 47(3)(c) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 64(6), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 16 (with reg. 5)

F169 S. 47(3A) inserted (30.9.1998 for the purposes specified in S.I. 1998/2327, art. 3(2), Sch. 2 and otherwise 1.11.1999) by 1998 c. 37, s. 46(2); S.I. 1998/2327, art. 3(2), Sch. 2; S.I. 1999/2976, art. 2.

F170 Words in s. 47(3A)(b) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 283; S.I. 2005/910, art. 3(y)

F171 S. 47(4A)-(4E) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 64(7), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 16 (with reg. 5)

F172 S. 47(5) repealed (10.4.1995) by 1994 c. 33, ss. 29(4)(c)(5), 168(3), Sch. 11; S.I. 1995/721, art. 2, Sch. Appendix B

F173 Words in s. 47(6) substituted (10.4.1995) by 1994 c. 33, s. 29(4)(d)(5); S.I. 1995/721, art. 2, Sch.

F174 Words in s. 47(6) inserted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 12, 336, Sch. 1 Pt. 1 para. 10(a); S.I. 2004/81, art. 2(1)(2)(a)

F175 Words in s. 47(6) inserted (retrospectively) by Police (Detention and Bail) Act 2011 (c. 9), s. 1(1)(3)

F176 Words in s. 47(7) inserted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 12, 336, Sch. 1 Pt. 1 para. 10(b); S.I. 2004/81, art. 2(1)(2)(a)

F177 Words in s. 47(7) inserted (10.4.1995) by 1994 c. 33, s. 29(4)(e)(5); S.I. 1995/721, art. 2, Sch.

F178 Words in s. 47(7) inserted (1.4.2007 for specified purposes, 14.11.2008 for specified purposes, 3.10.2011 for specified purposes, 8.10.2012 in so far as not already in force) by Police and Justice Act 2006 (c. 48), ss. 46(5)(b), 53(1); S.I. 2007/709, art. 3(n) (with art. 6); S.I. 2008/2785, art. 2; S.I. 2011/2144, art. 2(1)(b); S.I. 2012/2373, art. 2(b)

Modifications etc. (not altering text)

C88 S. 47 applied (with modifications) by Criminal Justice Act 2003 (c. 44), s. 24B(5)(c) (as inserted (29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 18(1), 53 (with s. 18(2)); S.I. 2007/1614, art. 2(e))

C89 S. 47(3) excluded (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 88(1)(b), 336; S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2) (as amended by S.I. 2005/2122, art. 2)

Marginal Citations

M4 1980 c. 43.

[F179 47ZA Limits on period of bail without charge E+W

(1) This section applies in relation to the power conferred on a custody officer, when releasing a person on bail under this Part, to appoint a time for the person to attend at a police station in accordance with section 47(3)(c).

(2) The power must be exercised so as to appoint a time on the day on which the applicable bail period in relation to the person ends, unless subsection (3) or (4) applies.

(3) This subsection applies where—

(a) at the time of the exercise of the power the person is on bail under this Part in relation to one or more offences other than the relevant offence, and

(b) the custody officer believes that it is appropriate to align the person’s attendance in relation to the relevant offence with the person’s attendance in relation to the one or more other offences.

(4) This subsection applies where the custody officer believes that a decision as to whether to charge the person with the relevant offence would be made before the end of the applicable bail period in relation to the person.

(5) Where subsection (3) or (4) applies, the power may be exercised so as to appoint a time on a day falling before the end of the applicable bail period in relation to the person.

(6) This section is subject to section 47ZL.

(7) In this section references to attendance are to attendance at a police station in accordance with section 47(3)(c).

(8) In this Part the “relevant offence”, in relation to a person, means the offence in respect of which the power mentioned in subsection (1) is exercised in relation to the person.

Textual Amendments

F179 Ss. 47ZA-47ZM inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 63, 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 15 (with reg. 5)

47ZB Applicable bail period: initial limit E+W

(1) In this Part the “applicable bail period”, in relation to a person, means—

(a) in an SFO case, the period of 3 months beginning with the person’s bail start date, or

(b) in an FCA case or any other case, the period of 28 days beginning with the person’s bail start date.

(2) The applicable bail period in relation to a person may be extended under sections 47ZD to 47ZG or treated as extended under section 47ZJ(3).

(3) Subsection (1) and sections 47ZD to 47ZG are subject to sections 47ZL and 47ZM.

(4) For the purposes of this Part—

(a) a person’s bail start date is the day after the day on which the person was arrested for the relevant offence,

(b) an “FCA case” is a case in which—

(i) the relevant offence in relation to the person is being investigated by the Financial Conduct Authority, and

(ii) a senior officer confirms that sub-paragraph (i) applies,

(c) an “SFO case” is a case in which—

(i) the relevant offence in relation to the person is being investigated by the Director of the Serious Fraud Office, and

(ii) a senior officer confirms that sub-paragraph (i) applies, and

(d) “senior officer” means a police officer of the rank of superintendent or above.

Textual Amendments

F179 Ss. 47ZA-47ZM inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 63, 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 15 (with reg. 5)

47ZC Applicable bail period: conditions A to D in sections 47ZD to 47ZG E+W

(1) This section applies for the purposes of sections 47ZD to 47ZG.

(2) Condition A is that the decision-maker has reasonable grounds for suspecting the person in question to be guilty of the relevant offence.

(3) Condition B is that the decision-maker has reasonable grounds for believing—

(a) in a case where the person in question is or is to be released on bail under section 37(7)(c) or 37CA(2)(b), that further time is needed for making a decision as to whether to charge the person with the relevant offence, or

(b) otherwise, that further investigation is needed of any matter in connection with the relevant offence.

(4) Condition C is that the decision-maker has reasonable grounds for believing—

(a) in a case where the person in question is or is to be released on bail under section 37(7)(c) or 37CA(2)(b), that the decision as to whether to charge the person with the relevant offence is being made diligently and expeditiously, or

(b) otherwise, that the investigation is being conducted diligently and expeditiously.

(5) Condition D is that the decision-maker has reasonable grounds for believing that the release on bail of the person in question is necessary and proportionate in all the circumstances (having regard, in particular, to any conditions of bail which are, or are to be, imposed).

(6) In this section “decision-maker” means—

(a) in relation to a condition which falls to be considered by virtue of section 47ZD, the senior officer in question;

(b) in relation to a condition which falls to be considered by virtue of section 47ZE, the appropriate decision-maker in question;

(c) in relation to a condition which falls to be considered by virtue of section 47ZF or 47ZG, the court in question.

Textual Amendments

F179 Ss. 47ZA-47ZM inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 63, 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 15 (with reg. 5)

47ZD Applicable bail period: extension of initial limit in standard cases E+W

(1) This section applies in relation to a person if—

(a) the applicable bail period in relation to the person is the period mentioned in section 47ZB(1)(b),

(b) that period has not ended, and

(c) a senior officer is satisfied that conditions A to D are met in relation to the person.

(2) The senior officer may authorise the applicable bail period in relation to the person to be extended so that it ends at the end of the period of 3 months beginning with the person’s bail start date.

(3) Before determining whether to give an authorisation under subsection (2) in relation to a person, the senior officer must arrange for the person or the person’s legal representative to be informed that a determination is to be made.

(4) In determining whether to give an authorisation under subsection (2) in relation to a person, the senior officer must consider any representations made by the person or the person’s legal representative.

(5) The senior officer must arrange for the person or the person’s legal representative to be informed whether an authorisation under subsection (2) has been given in relation to the person.

Textual Amendments

F179 Ss. 47ZA-47ZM inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 63, 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 15 (with reg. 5)

47ZE Applicable bail period: extension of limit in designated cases E+W

(1) This section applies in relation to a person if—

(a) the person’s case is an SFO case, or

(b) a senior officer has authorised an extension of the applicable bail period in relation to the person under section 47ZD.

(2) A qualifying prosecutor may designate the person’s case as being an exceptionally complex case (a “designated case”).

(3) If an appropriate decision-maker is satisfied that conditions A to D are met in relation to the person in a designated case, the decision-maker may authorise the applicable bail period in relation to the person to be extended so that it ends at the end of the period of 6 months beginning with the person’s bail start date.

(4) An appropriate decision-maker is—

(a) a member of staff of the Financial Conduct Authority who is of the description designated for the purposes of this paragraph by the Chief Executive of the Authority (in an FCA case),

(b) a member of the Serious Fraud Office who is of the Senior Civil Service (in an SFO case), or

(c) a qualifying police officer (in any other case).

(5) Before determining whether to give an authorisation under subsection (3) in relation to a person—

(a) the appropriate decision-maker must arrange for the person or the person’s legal representative to be informed that a determination is to be made, and

(b) if the appropriate decision-maker is a qualifying police officer, the officer must consult a qualifying prosecutor.

(6) In determining whether to give an authorisation under subsection (3) in relation to a person, the appropriate decision-maker must consider any representations made by the person or the person’s legal representative.

(7) The appropriate decision-maker must arrange for the person or the person’s legal representative to be informed whether an authorisation under subsection (3) has been given in relation to the person.

(8) Any designation under subsection (2) must be made, and any authorisation under subsection (3) must be given, before the applicable bail period in relation to the person has ended.

(9) In this section—

• “qualifying police officer” means a police officer of the rank of commander or assistant chief constable or above, and

• “qualifying prosecutor” means a prosecutor of the description designated for the purposes of this section by the Chief Executive of the Financial Conduct Authority, the Director of the Serious Fraud Office or the Director of Public Prosecutions.

Textual Amendments

F179 Ss. 47ZA-47ZM inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 63, 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 15 (with reg. 5)

47ZF Applicable bail period: first extension of limit by court E+W

(1) This section applies in relation to a person if—

(a) the person’s case is an SFO case,

(b) a senior officer has authorised an extension of the applicable bail period in relation to the person under section 47ZD, or

(c) an appropriate decision-maker has authorised an extension of the applicable bail period in relation to the person under section 47ZE.

(2) Before the applicable bail period in relation to the person ends a qualifying applicant may apply to a magistrates’ court for it to authorise an extension of the applicable bail period in relation to the person under this section.

(3) If the court is satisfied that—

(a) conditions B to D are met in relation to the person, and

(b) the case does not fall within subsection (7),

it may authorise the applicable bail period to be extended as specified in subsection (4).

(4) The applicable bail period is to end—

(a) in a case falling within subsection (1)(a) or (b), at the end of the period of 6 months beginning with the person’s bail start date;

(b) in a case falling within subsection (1)(c), at the end of the period of 9 months beginning with the person’s bail start date.

(5) If the court is satisfied that—

(a) conditions B to D are met in relation to the person, and

(b) the case falls within subsection (7),

it may authorise the applicable bail period to be extended as specified in subsection (6).

(6) The applicable bail period is to end—

(a) in a case falling within subsection (1)(a) or (b), at the end of the period of 9 months beginning with the person’s bail start date;

(b) in a case falling within subsection (1)(c), at the end of the period of 12 months beginning with the person’s bail start date.

(7) A case falls within this subsection if the nature of the decision or further investigations mentioned in condition B means that that decision is unlikely to be made or those investigations completed if the applicable bail period in relation to the person is not extended as specified in subsection (6).

(8) In this section “qualifying applicant” means—

(a) a constable,

(b) a member of staff of the Financial Conduct Authority who is of the description designated for the purposes of this subsection by the Chief Executive of the Authority,

(c) a member of the Serious Fraud Office, or

(d) a Crown Prosecutor.

Textual Amendments

F179 Ss. 47ZA-47ZM inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 63, 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 15 (with reg. 5)

47ZG Applicable bail period: subsequent extensions of limit by court E+W

(1) Subsections (2) to (6) apply where a court has authorised an extension of the applicable bail period in relation to a person under section 47ZF.

(2) Before the applicable bail period in relation to the person ends a qualifying applicant may apply to a magistrates’ court for it to authorise an extension of the applicable bail period in relation to the person under this section.

(3) If the court is satisfied that—

(a) conditions B to D are met in relation to the person, and

(b) the case does not fall within subsection (8),

it may authorise the applicable bail period to be extended as specified in subsection (4).

(4) The applicable bail period is to end at the end of the period of 3 months beginning with the end of the current applicable bail period in relation to the person.

(5) If the court is satisfied that—

(a) conditions B to D are met in relation to the person, and

(b) the case falls within subsection (8),

it may authorise the applicable bail period to be extended as specified in subsection (6).

(6) The applicable bail period is to end at the end of the period of 6 months beginning with the end of the current applicable bail period in relation to the person.

(7) Where a court has authorised an extension of the applicable bail period in relation to a person under subsection (3) or (5), a qualifying applicant may make further applications under subsection (2) (and subsections (3) to (6) apply accordingly).

(8) A case falls within this subsection if the nature of the decision or further investigations mentioned in condition B means that that decision is unlikely to be made or those investigations completed if the current applicable bail period in relation to the person is not extended as specified in subsection (6).

(9) For the purposes of this section—

(a) references to the current applicable bail period in relation to a person are to the applicable bail period applying to the person when the application under this section is made (subject to section 47ZJ(3)), and

(b) “qualifying applicant” has the same meaning as in section 47ZF.

Textual Amendments

F179 Ss. 47ZA-47ZM inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 63, 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 15 (with reg. 5)

47ZH Sections 47ZF and 47ZG: withholding sensitive information E+W

(1) This section applies where a qualifying applicant makes an application to a magistrates’ court under section 47ZF or 47ZG in relation to a person.

(2) The qualifying applicant may apply to the court for it to authorise the specified information to be withheld from the person and any legal representative of the person.

(3) The court may grant an application under subsection (2) only if satisfied that there are reasonable grounds for believing that the specified information is sensitive information.

(4) For the purposes of this section information is sensitive information if its disclosure would have one or more of the following results—

(a) evidence connected with an indictable offence would be interfered with or harmed;

(b) a person would be interfered with or physically injured;

(c) a person suspected of having committed an indictable offence but not yet arrested for the offence would be alerted;

(d) the recovery of property obtained as a result of an indictable offence would be hindered.

(5) In this section “specified information” means the information specified in the application under subsection (2).

Textual Amendments

F179 Ss. 47ZA-47ZM inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 63, 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 15 (with reg. 5)

47ZI Sections 47ZF to 47ZH: proceedings in magistrates’ court E+W

(1) An application made to a magistrates’ court under section 47ZF or 47ZG in relation to a person is to be determined by a single justice of the peace on written evidence unless subsection (2) or (3) applies.

(2) This subsection applies if—

(a) the effect of the application would be to extend the applicable bail period in relation to the person so that it ends at or before the end of the period of 12 months beginning with the person’s bail start date, and

(b) a single justice of the peace considers that the interests of justice require an oral hearing.

(3) This subsection applies if—

(a) the effect of the application would be to extend the applicable bail period in relation to the person so that it ends after the end of the period of 12 months beginning with the person’s bail start date, and

(b) the person, or the person who made the application, requests an oral hearing.

(4) If subsection (2) or (3) applies, the application is to be determined by two or more justices of the peace sitting otherwise than in open court.

(5) Where an application under section 47ZF or 47ZG in relation to a person is to be determined as mentioned in subsection (4), the justices may direct that the person and any legal representative of the person be excluded from any part of the hearing.

(6) The justices may give a direction under subsection (5) only if satisfied that there are reasonable grounds for believing that sensitive information would be disclosed at the part of the hearing in question.

(7) An application under section 47ZH is to be determined by a single justice of the peace on written evidence unless the justice determines that the interests of justice require an oral hearing.

(8) If the justice makes a determination under subsection (7)—

(a) the application is to be determined by two or more justices of the peace sitting otherwise than in open court, and

(b) the justices hearing the application must direct that the person to whom the application relates and any legal representative of the person be excluded from the hearing.

(9) In this section “sensitive information” has the meaning given in section 47ZH(4).

Textual Amendments

F179 Ss. 47ZA-47ZM inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 63, 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 15 (with reg. 5)

47ZJ Sections 47ZF and 47ZG: late applications to magistrates’ court E+W

(1) This section applies where—

(a) an application under section 47ZF or 47ZG is made to a magistrates’ court before the end of the applicable bail period in relation to a person, but

(b) it is not practicable for the court to determine the application before the end of that period.

(2) The court must determine the application as soon as is practicable.

(3) The applicable bail period in relation to the person is to be treated as extended until the application is determined.

(4) If it appears to the court that it would have been reasonable for the application to have been made in time for it to have been determined by the court before the end of the applicable bail period in relation to the person, it may refuse the application.

Textual Amendments

F179 Ss. 47ZA-47ZM inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 63, 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 15 (with reg. 5)

47ZK Rules E+W

Criminal Procedure Rules may make provision in connection with applications under sections 47ZF, 47ZG and 47ZH and the proceedings for determining such applications.

Textual Amendments

F179 Ss. 47ZA-47ZM inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 63, 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 15 (with reg. 5)

47ZL Applicable bail period and bail return date: special case of release on bail under section 37(7)(a) or 37C(2)(b) E+W

(1) This section applies where a person is released on bail under section 37(7)(a) or 37C(2)(b).

(2) The running of the applicable bail period in relation to the person—

(a) does not begin (in the case of a first release on bail), or

(b) is suspended (in any other case),

(subject to subsection (6)).

(3) Accordingly section 47ZA does not apply to the exercise of the power mentioned in section 47ZA(1) when releasing the person on bail.

(4) Subsections (5) and (6) apply if a DPP request is made in relation to the person.

(5) A custody officer must exercise the power mentioned in section 47(4A) to appoint a different time for the person to attend at the police station (and section 47(4B) to (4D) applies accordingly).

(6) The applicable bail period in relation to the person—

(a) begins to run on the day on which the DPP request is made (in the case of a first release on bail), or

(b) resumes running on that day (in any other case).

(7) Subsection (8) applies where—

(a) a DPP request has been made in relation to the person, and

(b) the applicable bail period in relation to the person would end before the end of the period of 7 days beginning with the day on which the DPP request was made.

(8) The running of the applicable bail period in relation to the person is suspended for the number of days necessary to secure that the applicable bail period ends at the end of the period of 7 days beginning with the day on which the DPP request was made.

(9) Subsections (10) and (11) apply if the DPP request made in relation to the person is met.

(10) The running of the applicable bail period in relation to the person is suspended.

(11) Accordingly section 47(4D) does not apply to any exercise of the power under section 47(4A).

(12) For the purposes of this section—

(a) a “DPP request”, in relation to a person, means a request by the Director of Public Prosecutions for the further information specified in the request to be provided before the Director decides under section 37B(2) whether there is sufficient evidence to charge the person with the relevant offence,

(b) a DPP request is met when the further information specified in the request is provided, and

(c) references to the case of a first release on bail are to a case where the person has not been released on bail in relation to the relevant offence under any other provision of this Part or under section 30A.

Textual Amendments

F179 Ss. 47ZA-47ZM inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 63, 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 15 (with reg. 5)

47ZM Applicable bail period: special cases of release on bail under section 30A and periods in hospital E+W

(1) Subsections (2) and (3) apply where a person was released on bail under section 30A.

(2) The period of 28 days mentioned in section 30B(8) in relation to the person is to be treated as being the period of 28 days mentioned in section 47ZB(1)(b) in relation to the person.

(3) Any reference to the relevant offence, in relation to the person, is to be read as a reference to the offence in respect of which the power in section 30A(1) was exercised.

(4) Subsection (5) applies if, at any time on the day on which the applicable bail period in relation to a person would end, the person is in hospital as an in-patient.

(5) The running of the applicable bail period in relation to the person is to be treated as having been suspended for any day on which the patient was in hospital as an in-patient.]

Textual Amendments

F179 Ss. 47ZA-47ZM inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 63, 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 15 (with reg. 5)

[F180 47A Early administrative hearings conducted by justices’ clerks. E+W

Where a person has been charged with an offence at a police station, any requirement imposed under this Part for the person to appear or be brought before a magistrates’ court shall be taken to be satisfied if the person appears or is brought before [F181 a justices' clerk] in order for the clerk to conduct a hearing under section 50 of the Crime and Disorder Act 1998 (early administrative hearings).]

Textual Amendments

F180 S. 47A inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para.62; S.I. 1998/2327, art. 2(2)(t).

F181 Words in s. 47A substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 284; S.I. 2005/910, art. 3(y)

48 Remands to police detention. E+W

In section 128 of the Magistrates’ Courts Act 1980—

(a) in subsection (7) for the words “the custody of a constable” there shall be substituted the words “detention at a police station”;

(b) after subsection (7) there shall be inserted the following subsection—

“(8) Where a person is committed to detention at a police station under subsection (7) above—

(a) he shall not be kept in such detention unless there is a need for him to be so detained for the purposes of inquiries into other offences;

(b) if kept in such detention, he shall be brought back before the magistrates’ court which committed him as soon as that need ceases;

(c) he shall be treated as a person in police detention to whom the duties under section 39 of the Police and Criminal Evidence Act 1984 (responsibilities in relation to persons detained) relate;

(d) his detention shall be subject to periodic review at the times set out in section 40 of that Act (review of police detention).”.

49 Police detention to count towards custodial sentence. E+W

(1) In subsection (1) of section 67 of the M5 Criminal Justice Act 1967 (computation of custodial sentences) for the words from “period”, in the first place where it occurs, to “the offender” there shall be substituted the words “relevant period, but where he”.

(2) The following subsection shall be inserted after that subsection—

“(1A) In subsection (1) above “relevant period” means—

(a) any period during which the offender was in police detention in connection with the offence for which the sentence was passed; or

(b) any period during which he was in custody—

(i) by reason only of having been committed to custody by an order of a court made in connection with any proceedings relating to that sentence or the offence for which it was passed or any proceedings from which those proceedings arose; or

(ii) by reason of his having been so committed and having been concurrently detained otherwise than by order of a court.”.

(3) The following subsections shall be added after subsection (6) of that section—

“(7) A person is in police detention for the purposes of this section—

(a) at any time when he is in police detention for the purposes of the Police and Criminal Evidence Act 1984; and

(b) at any time when he is detained under section 12 of the Prevention of Terrorism (Temporary Provisions) Act 1984.

(8) No period of police detention shall be taken into account under this section unless it falls after the coming into force of section 49 of the Police and Criminal Evidence Act 1984.”.

Marginal Citations

M5 1967 c. 80.

50 Records of detention. E+W

(1) Each police force shall keep written records showing on an annual basis—

(a) the number of persons kept in police detention for more than 24 hours and subsequently released without charge;

(b) the number of applications for warrants of further detention and the results of the applications; and

(c) in relation to each warrant of further detention—

(i) the period of further detention authorised by it;

(ii) the period which the person named in it spent in police detention on its authority; and

(iii) whether he was charged or released without charge.

(2) Every annual report—

F182 [(a) under section 22 of the Police Act 1996; or]

(b) made by the Commissioner of Police of the Metropolis,

shall contain information about the matters mentioned in subsection (1) above in respect of the period to which the report relates.

Textual Amendments

F182 S. 50(2)(a) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1) Sch. 7 Pt. II para.35

Modifications etc. (not altering text)

C90 Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

C91 S. 50 modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 3(3).

C92 S. 50 applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)

C93 S. 50 applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)

[F183 50A Interpretation of references to pre-conditions for bail E+W

For the purposes of this Part the following are the pre-conditions for bail in relation to the release of a person by a custody officer—

(a) that the custody officer is satisfied that releasing the person on bail is necessary and proportionate in all the circumstances (having regard, in particular, to any conditions of bail which would be imposed), and

(b) that an officer of the rank of inspector or above authorises the release on bail (having considered any representations made by the person or the person’s legal representative).]

Textual Amendments

F183 S. 50A inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 58, 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)

51 Savings. E+W

Nothing in this Part of this Act shall affect—

(a) the powers conferred on immigration officers by section 4 of and Schedule 2 to the M6 Immigration Act 1971 (administrative provisions as to control on entry etc.);

[F184 (b) the powers conferred by virtue of section 41 of, or Schedule 7 to, the Terrorism Act 2000 (powers of arrest and detention);]

(c) F185 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) any right of a person in police detention to apply for a writ of habeas corpus or other prerogative remedy.

Textual Amendments

F184 S. 51(b) substituted (19.2.2001) by 2000 c. 11, s. 125(1), Sch. 15 para. 5(4); S.I.2001/421, art. 2

F185 S. 51(c) repealed (28.3.2009 for certain purposes and otherwise prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059)

Modifications etc. (not altering text)

C94 S. 51(b) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 3(2)-(4), Sch. 1 (with arts. 4-11)

C95 Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

C96 S. 51(d) applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)

Marginal Citations

M6 1971 c. 77.

F186 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F186 S. 52 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15; S.I. 1991/828, art. 3(2)