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)
C3Pt. IV incorporated (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52
(1)Where a person—
(a)is charged with an offence; and
(b)after being charged—
(i)is kept in police detention; or
(ii)is detained by a local authority in pursuance of arrangements made under section 38(6) above,
he shall be brought before a magistrates’ court in accordance with the provisions of this section.
(2)If he is to be brought before a magistrates’ court [F1in the local justice] area in which the police station at which he was charged is situated, he shall be brought before such a court as soon as is practicable and in any event not later than the first sitting after he is charged with the offence.
(3)If no magistrates’ court [F2in that area] is due to sit either on the day on which he is charged or on the next day, the custody officer for the police station at which he was charged shall inform the [F3designated officer]for the area that there is a person in the area to whom subsection (2) above applies.
(4)If the person charged is to be brought before a magistrates’ court [F4in a local justice] area other than that in which the police station at which he was charged is situated, he shall be removed to that area as soon as is practicable and brought before such a court as soon as is practicable after his arrival in the area and in any event not later than the first sitting of a magistrates’ court [F5in that area] after his arrival in the area.
(5)If no magistrates’ court [F6in that area] is due to sit either on the day on which he arrives in the area or on the next day—
(a)he shall be taken to a police station in the area; and
(b)the custody officer at that station shall inform the [F7designated officer] for the area that there is a person in the area to whom subsection (4) applies.
(6)Subject to subsection (8) below, where [F8the designated officer for a local justice] area has been informed—
(a)under subsection (3) above that there is a person in the area to whom subsection (2) above applies; or
(b)under subsection (5) above that there is a person in the area to whom subsection (4) above applies,
[F9the designated officer] shall arrange for a magistrates’ court to sit not later than the day next following the relevant day.
(7)In this section “the relevant day”—
(a)in relation to a person who is to be brought before a magistrates’ court [F10in the local justice] area in which the police station at which he was charged is situated, means the day on which he was charged; and
(b)in relation to a person who is to be brought before a magistrates’ court [F11in any other local justice] area, means the day on which he arrives in the area.
(8)Where the day next following the relevant day is Christmas Day, Good Friday or a Sunday, the duty of the [F12designated officer] under subsection (6) above is a duty to arrange for a magistrates’ court to sit not later than the first day after the relevant day which is not one of those days.
(9)Nothing in this section requires a person who is in hospital to be brought before a court if he is not well enough.
Textual Amendments
F1Words in s. 46(2) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 282(2); S.I. 2005/910, art. 3(y)
F2Words in s. 46(3) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 282(3)(a); S.I. 2005/910, art. 3(y)
F3Words in s. 46(3) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 282(3)(b); S.I. 2005/910, art. 3(y)
F4Words in s. 46(4) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 282(4)(a); S.I. 2005/910, art. 3(y)
F5Words in s. 46(4) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 282(4)(b); S.I. 2005/910, art. 3(y)
F6Words in s. 46(5) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 282(5)(a); S.I. 2005/910, art. 3(y)
F7Words in s. 46(5) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 282(5)(b); S.I. 2005/910, art. 3(y)
F8Words in s. 46(6) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 282(6)(a); S.I. 2005/910, art. 3(y)
F9Words in s. 46(6) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 282(6)(b); S.I. 2005/910, art. 3(y)
F10Words in s. 46(7) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 282(7)(a); S.I. 2005/910, art. 3(y)
F11Words in s. 46(7) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 282(7)(b); S.I. 2005/910, art. 3(y)
F12Words in s. 46(8) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 282(8); S.I. 2005/910, art. 3(y)
Modifications etc. (not altering text)
C4S. 46 excluded (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 88(2), 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)
C5S. 46 applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)