Version Superseded: 03/04/2017
Point in time view as at 31/01/2017. This version of this provision has been superseded.
Policing and Crime Act 2017, Section 77 is up to date with all changes known to be in force on or before 03 March 2025. 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.
After section 60A of the Police and Criminal Evidence Act 1984 insert—
(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.”
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