Police, Crime, Sentencing and Courts Act 2022

Amendments to the Police and Criminal Evidence Act 1984 (c. 60)

5 (1) Section 37 (duties of custody officer before charge) is amended as follows.

(2) For subsection (2) substitute—

“(2) If—

(a) the custody officer (“C”) determines that C does not have such evidence before C, and

(b) the pre-conditions for bail are satisfied,

the person arrested must be released on bail (subject to subsection (3)).”

(3) After subsection (2) insert—

“(2A) If—

(a) the custody officer (“C”) determines that C does not have such evidence before C, and

(b) the pre-conditions for bail are not satisfied,

the person arrested must be released without bail (subject to subsection (3)).”

(4) In subsection (6A)(a), after “subsection (2)” insert “or (2A)”.

(5) In subsection (7), for paragraphs (b) and (c) (including the “or” at the end of paragraph (c)) substitute—

“(b) shall be released—

(i) without charge, and

(ii) if the pre-conditions for bail are satisfied, on bail,

but not for the purpose mentioned in paragraph (a),

(c) shall be released—

(i) without charge, and

(ii) if the pre-conditions for bail are not satisfied, without bail, or”.

(6) In subsection (8A)(b), for “(c)” substitute “(b)”.