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Police and Criminal Evidence Act 1984
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Changes over time for: Section 37CA
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 17(1)(cza) inserted by 2021 c. 17 s. 26(9)
- s. 47A(3A) substituted by 2022 c. 35 Sch. 2 para. 7
- s. 61(6BA) inserted by 2008 c. 28 s. 10(1) (This amendment not applied to legislation.gov.uk. S. 10 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
- s. 63(3D) inserted by 2008 c. 28 s. 10(2) (This amendment not applied to legislation.gov.uk. S. 10 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
- s. 64(1AA) inserted by 2008 c. 28 s. 10(4) (This amendment not applied to legislation.gov.uk. S. 10 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
- s. 64A(1B)(cb) inserted by 2022 c. 32 Sch. 11 para. 18(a)
- Sch. 1A para. 21A added by 1995 c. 32, s. 8B(1) (as inserted) by 2006 c. 12 Sch. 3 para. 13
[F137CABreach of bail following release under [F2section 37(7)(b)] E+W
(1)This section applies where a person released on bail under [F3section 37(7)(b)] above or subsection (2)(b) below—
(a)is arrested under section 46A below in respect of that bail, and
(b)is being detained following that arrest at the police station mentioned in section 46A(2) below.
(2)The person arrested—
(a)shall be charged, or
[F4(b)shall be released—
(i)without charge, and
(ii)if the pre-conditions for bail are satisfied, on bail, or
(c)shall be released—
(i)without charge, and
(ii)if the pre-conditions for bail are not satisfied, without bail.]
(3)The decision as to how a person is to be dealt with under subsection (2) above shall be that of a custody officer.
(4)A person released on bail under subsection (2)(b) above shall be released on bail subject to the same conditions (if any) which applied immediately before his arrest [F5(and the reference in section 50A to any conditions of bail which would be imposed is to be read accordingly)].
[F6(5)Subsection (6) applies where—
(a)a person is released under subsection (2), and
(b)a custody officer 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.
(6)The custody officer must give the person notice in writing that the person is not to be prosecuted.
(7)Subsection (6) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.]]
Textual Amendments
F1S. 37CA inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 10, 53, Sch. 6 para. 8(1); S.I. 2007/709, art. 3(i) (subject to arts. 6, 7)
F2Words in s. 37CA heading substituted (28.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 4 para. 6(2) (with s. 45(3)); S.I. 2022/1075, reg. 4(b)
F3Words in s. 37CA(1) substituted (28.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 4 para. 6(3) (with s. 45(3)); S.I. 2022/1075, reg. 4(b)
F4S. 37CA(2)(b)(c) substituted for s. 37CA(2)(b) (28.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 4 para. 6(4) (with s. 45(3)); S.I. 2022/1075, reg. 4(b)
F5Words in s. 37CA(4) 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. 55(4), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)
F6S. 37CA(5)-(7) 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. 66(9), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 18
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