PART IIBAIL IN CRIMINAL PROCEEDINGS

Cases where person not to be released from police detention7

In Article 39 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12) (duties of custody officer after charge)—

a

in paragraph (1)(a)—

i

in head (ii) the words for his own protection or and the word or where it last occurs shall cease to have effect;

ii

at the end of head (iii) there shall be added

or

iv

the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary for his own protection;

b

after paragraph (2) there shall be inserted the following paragraph—

2A

The custody officer, in taking the decisions required by paragraph (1)(a) and (b) (except (a)(i) and (iv) and (b)(ii)), shall have regard to such of the following considerations as appear to him to be relevant—

a

the nature and seriousness of the offence;

b

the character, antecedents, associations and community ties of the person;

c

the person's record as respects the fulfilment of his obligations under previous grants of bail, and

d

the strength of the evidence of the person's having committed the offence,

as well as to any other considerations which appear to be relevant.