Part IVE+W Detention

Modifications etc. (not altering text)

C1Pt. IV (ss. 34-52) modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 4(6)(b)(c)(7), 5(9)(b)(c), 6(9)(b)(c); Pt. IV (ss. 34-52) modified by the said S.I. 1993/1813, art. 6, Sch. 3 para. 4 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 5

Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 7(6)(c) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)

Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 15(2) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)

Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 16(4) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)

Pt. IV (ss. 34-52) modified (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 85(4)(a), 120 (with s. 90); S.I. 2004/827, art. 3(h)

Pt. IV (ss. 34-52) modified (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 97(4)(a), 120 (with s. 100); S.I. 2004/827, art. 3(t)

C2Pt. IV (ss. 34-52) applied (with modifications) (4.4.2005) Criminal Justice Act 2003 (c. 44), ss. 87(3), 336; S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2) (as amended by S.I. 2005/2122, art. 2)

Detention—conditions and durationE+W

[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

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