Police and Criminal Evidence Act 1984

[F1 [F2 30CA Bail under section 30A: variation of conditions by police E+W

(1) Where a person released on bail under section 30A(1) is on bail subject to conditions—

(a) a relevant officer at the police station at which the person is required to attend, or

(b) where no notice under section 30B specifying that police station has been given to the person, a relevant officer at the police station specified under section 30B(4A)(c),

may, at the request of the person but subject to subsection (2), vary the conditions.

(2) On any subsequent request made in respect of the same grant of bail, subsection (1) confers power to vary the conditions of the bail only if the request is based on information that, in the case of the previous request or each previous request, was not available to the relevant officer considering that previous request when he was considering it.

(3) Where conditions of bail granted to a person under section 30A(1) are varied under subsection (1)—

(a) paragraphs (a) to (d) of section 30A(3A) apply,

(b) requirements imposed by the conditions as so varied must be requirements that appear to the relevant officer varying the conditions to be necessary for any of the purposes mentioned in paragraphs (a) to (d) of section 30A(3B), and

(c) the relevant officer who varies the conditions must give the person notice in writing of the variation.

(4) Power under subsection (1) to vary conditions is, subject to subsection (3)(a) and (b), power—

(a) to vary or rescind any of the conditions, and

(b) to impose further conditions.

(5) In this section “relevant officer”, in relation to a designated police station, means a custody officer but, in relation to any other police station—

(a) means a constable F3 . . . who is not involved in the investigation of the offence for which the person making the request under subsection (1) was under arrest when granted bail under section 30A(1), if such a constable F4 . . . is readily available, and

(b) if no such constable F5 . . . is readily available—

(i) means a constable other than the one who granted bail to the person, if such a constable is readily available, and

(ii) if no such constable is readily available, means the constable who granted bail.]]

Textual Amendments

F1 Ss. 30A-30D inserted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 4(7), 336; S.I. 2004/81, art. 2(1)(2)(a)

F2 Ss. 30CA, 30CB inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 10, 53, Sch. 6 para. 4; S.I. 2007/709, art. 3(i) (subject to arts. 6, 7)

F3 Words in s. 30CA(5)(a) repealed (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1)(2), 116(6), Sch. 7 para. 123(2)(a)(i), Sch. 8 Pt. 13

F4 Words in s. 30CA(5)(a) repealed (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1)(2), 116(6), Sch. 7 para. 123(2)(a)(ii), Sch. 8 Pt. 13

F5 Words in s. 30CA(5)(b) repealed (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1)(2), 116(6), Sch. 7 para. 123(2)(b), Sch. 8 Pt. 13

Modifications etc. (not altering text)

C1 Ss. 30A-30D 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))