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Police and Criminal Evidence Act 1984, Section 47ZC is up to date with all changes known to be in force on or before 26 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(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 [F2section 37(7)(b)] 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 [F3section 37(7)(b)] 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 [F4relevant officer] in question;
[F5(aa)in relation to a condition which falls to be considered by virtue of section 47ZDA, the senior officer in question;
(ab)in relation to a condition which falls to be considered by virtue of section 47ZDB, the appropriate decision-maker in question,]
(b)in relation to a condition which falls to be considered by virtue of section 47ZE, the [F6qualifying police officer] 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
F1Ss. 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)
F2Words in s. 47ZC(3)(a) substituted (28.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 4 para. 12(2) (with s. 45(3)); S.I. 2022/1075, reg. 4(b)
F3Words in s. 47ZC(4)(a) substituted (28.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 4 para. 12(3) (with s. 45(3)); S.I. 2022/1075, reg. 4(b)
F4Words in s. 47ZC(6)(a) substituted (28.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 4 para. 27(a) (with s. 45(3)); S.I. 2022/1075, reg. 4(b)
F5S. 47ZC(6)(aa)(ab) inserted (28.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 4 para. 27(b) (with s. 45(3)); S.I. 2022/1075, reg. 4(b)
F6Words in s. 47ZC(6)(b) substituted (28.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 4 para. 27(c) (with s. 45(3)); S.I. 2022/1075, reg. 4(b)
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