C2C3 Part III Arrest

Annotations:
Modifications etc. (not altering text)
C2

Pt. III: Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para. 1; S.I. 2003/708, art. 2(j)

Pt. III: Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 51-54, 68, Sch. 1 Pt. 2 para. 74; S.I. 2003/708, art. 2(j)

C130AF2F3Release of a person arrested elsewhere than at police station

1

A constable may release F7... a person who is arrested or taken into custody in the circumstances mentioned in section 30(1)F4—

a

without bail unless subsection (1A) applies, or

b

on bail if subsection (1A) applies.

F51A

This subsection applies if—

a

the constable is satisfied that releasing the person on bail is necessary and proportionate in all the circumstances (having regard, in particular, to any conditions of bail which would be imposed), and

b

a police officer of the rank of inspector or above authorises the release on bail (having considered any representations made by the person).

2

A person may be released F8... under subsection (1) at any time before he arrives at a police station.

3

A person released on bail under subsection (1) must be required to attend a police station.

F13A

Where a constable releases a person on bail under subsection (1)—

a

no recognizance for the person's surrender to custody shall be taken from the person,

b

no security for the person's surrender to custody shall be taken from the person or from anyone else on the person's behalf,

c

the person shall not be required to provide a surety or sureties for his surrender to custody, and

d

no requirement to reside in a bail hostel may be imposed as a condition of bail.

3B

Subject to subsection (3A), where a constable releases a person on bail under subsection (1) the constable may impose, as conditions of the bail, such requirements as appear to the constable to be necessary—

a

to secure that the person surrenders to custody,

b

to secure that the person does not commit an offence while on bail,

c

to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person, or

d

for the person's own protection or, if the person is F6under the age of 18, for the person's own welfare or in the person's own interests.

4

Where a person is released on bail under subsection (1), a requirement may be imposed on the person as a condition of bail only under the preceding provisions of this section.

5

The police station which the person is required to attend may be any police station.