Police and Criminal Evidence Act 1984 (c. 60)

Part V E+W Questioning and Treatment of Persons by Police

Modifications etc. (not altering text)

C1 Pt. V incorporated (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52

[F1 60B Notification of decision not to prosecute person interviewed E+W

(1) This section applies where—

(a) a person suspected of the commission of a criminal offence is interviewed by a police officer but is not arrested for the offence, and

(b) the police officer in charge of investigating the offence 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.

(2) A police officer must give the person notice in writing that the person is not to be prosecuted.

(3) Subsection (2) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

(4) In this section “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.]

Textual Amendments

F1 S. 60B 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. 77, 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 25