PART 5MISCELLANEOUS AND SUPPLEMENTARY
PACE
Pre-charge bail87
1
Article 48 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12) is amended as follows.
2
In paragraph (3D)
(bail conditions on release under Article 39(1)) for “Article 39(1)” substitute “
Article 38(2) or (7)(b) or Article 39(1)
”
.
3
After paragraph (3H) insert—
4
A magistrates' court may, on an application by or on behalf of a person released on bail under Article 38(2) or (7)(b), vary the conditions of bail.
5
A person who has been released on bail under Article 38(2) or (7)(b) may be arrested without warrant by a constable if the constable—
a
has reasonable grounds for believing that the person is likely to break any of the conditions of his bail; or
b
has reasonable grounds suspecting that the person has broken any of those conditions.
5A
A person arrested under paragraph (5) must be taken to a police station (which may be the station where the conditions of bail were set or varied or any other police station) as soon as practicable after the arrest.
4
In Article 132A of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26) in paragraph (1)(a) after “Part V of the Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)” insert “
(other than under Article 38(2) or (7)(b))
”
.