Police and Justice Act 2006

46 Live link bail E+W

(1) The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.

(2) After section 34(7) (persons who are to be treated as arrested) there is inserted—

“(8) Subsection (7) does not apply in relation to a person who is granted bail subject to the duty mentioned in section 47(3)(b) and who either—

(a) attends a police station to answer to such bail, or

(b) is arrested under section 46A for failing to do so,

(provision as to the treatment of such persons for the purposes of this Part being made by section 46ZA).”

(3) After section 46 (detention after charge) there is inserted—

“46ZA Persons granted live link bail

(1) This section applies in relation to bail granted under this Part subject to the duty mentioned in section 47(3)(b) (“live link bail”).

(2) An accused person who attends a police station to answer to live link bail is not to be treated as in police detention for the purposes of this Act.

(3) Subsection (2) does not apply in relation to an accused person if—

(a) at any time before the beginning of proceedings in relation to a live link direction under section 57C of the Crime and Disorder Act 1998 in relation to him, he informs a constable that he does not intend to give his consent to the direction;

(b) at any such time, a constable informs him that a live link will not be available for his use for the purposes of that section;

(c) proceedings in relation to a live link direction under that section have begun but he does not give his consent to the direction; or

(d) the court determines for any other reason not to give such a direction.

(4) If any of paragraphs (a) to (d) of subsection (3) apply in relation to a person, he is to be treated for the purposes of this Part—

(a) as if he had been arrested for and charged with the offence in connection with which he was granted bail, and

(b) as if he had been so charged at the time when that paragraph first applied in relation to him.

(5) An accused person who is arrested under section 46A for failing to attend at a police station to answer to live link bail, and who is brought to a police station in accordance with that section, is to be treated for the purposes of this Part—

(a) as if he had been arrested for and charged with the offence in connection with which he was granted bail, and

(b) as if he had been so charged at the time when he is brought to the station.

(6) Nothing in subsection (4) or (5) affects the operation of section 47(6).”

(4) In section 46A (power of arrest for failure to answer to police bail) after subsection (1) there is inserted—

“(1ZA) The reference in subsection (1) to a person who fails to attend at a police station at the time appointed for him to do so includes a reference to a person who—

(a) attends at a police station to answer to bail granted subject to the duty mentioned in section 47(3)(b), but

(b) leaves the police station at any time before the beginning of proceedings in relation to a live link direction under section 57C of the Crime and Disorder Act 1998 in relation to him, without informing a constable that he does not intend to give his consent to the direction.”

(5) In section 47 (bail after arrest) —

(a) in subsection (3), for paragraphs (a) and (b) and the words following them there is substituted—

“(a) to appear before a magistrates' court at such time and such place as the custody officer may appoint;

(b) to attend at such police station as the custody officer may appoint at such time as he may appoint for the purposes of—

(i) proceedings in relation to a live link direction under section 57C of the Crime and Disorder Act 1998 (use of live link direction at preliminary hearings where accused is at police station); and

(ii) any preliminary hearing in relation to which such a direction is given; or

(c) to attend at such police station as the custody officer may appoint at such time as he may appoint for purposes other than those mentioned in paragraph (b).”;

(b) in subsection (7), at the end there is inserted “ or to a person to whom section 46ZA(4) or (5) applies ”.

(6) In section 54 (searches of detained persons), in subsection (1)(b), after “37 above” there is inserted “ or as a person to whom section 46ZA(4) or (5) applies ”.

Commencement Information

I1 S. 46 in force at 1.4.2007 for specified purposes by S.I. 2007/709, art. 3(n) (with arts. 6, 7)

I2 S. 46 in force at 14.11.2008 for specified purposes by S.I. 2008/2785, art. 2

I3 S. 46 in force at 3.10.2011 for specified purposes by S.I. 2011/2144, art. 2(1)(b)

I4 S. 46 in force at 8.10.2012 in so far as not already in force by S.I. 2012/2373, art. 2(b)