Part IV Detention
Detention—miscellaneous
47 Bail after arrest.
(1)
F3(1A)
The normal powers to impose conditions of bail shall be available to him where a custody officer releases a person on bail under section F437(7)(a) above or section 38(1) above (including that subsection as applied by section 40(10) above) but not in any other cases. In this subsection, “the normal powers to impose conditions of bail” has the meaning given in section 3(6) of the Bail Act 1976.
F5(1B)
No application may be made under section 5B of the Bail Act 1976 if a person is released on bail under section 37(7)(a) or 37C(2)(b) above.
(1C)
Subsections (1D) to (1F) below apply where a person released on bail under section 37(7)(a) or 37C(2)(b) above is on bail subject to conditions.
(1D)
The person shall not be entitled to make an application under section 43B of the Magistrates' Courts Act 1980.
(1E)
A magistrates' court may, on an application by or on behalf of the person, vary the conditions of bail; and in this subsection “vary” has the same meaning as in the Bail Act 1976.
(1F)
Where a magistrates' court varies the conditions of bail under subsection (1E) above, that bail shall not lapse but shall continue subject to the conditions as so varied.
(2)
Nothing in the Bail Act 1976 shall prevent the re-arrest without warrant of a person released on bail subject to a duty to attend at a police station if new evidence justifying a further arrest has come to light since his release.
(3)
Subject to F6subsections (3A) and (4) below, in this Part of this Act references to “bail” are references to bail subject to a duty—
(a)
to appear before a magistrates’ court at such time and such place; or
(b)
to attend at such police station at such time,
as the custody officer may appoint.
F7(3A)
Where a custody officer grants bail to a person subject to a duty to appear before a magistrates’ court, he shall appoint for the appearance—
(a)
a date which is not later than the first sitting of the court after the person is charged with the offence; or
(b)
where he is informed by the F8designated officer for the relevant local justice area that the appearance cannot be accommodated until a later date, that later date.
(4)
Where a custody officer has granted bail to a person subject to a duty to appear at a police station, the custody officer may give notice in writing to that person that his attendance at the police station is not required.
F9(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
Where a person F10who has been granted bail F11under this Part and either has attended at the police station in accordance with the grant of bail or has been arrested under section 46A above is detained at a police station, any time during which he was in police detention prior to being granted bail shall be included as part of any period which falls to be calculated under this Part of this Act F12and any time during which he was on bail shall not be so included.
(7)
Where a person who was released on bail F13under this Part subject to a duty to attend at a police station is re-arrested, the provisions of this Part of this Act shall apply to him as they apply to a person arrested for the first time F14; but this subsection does not apply to a person who is arrested under section 46A above or has attended a police station in accordance with the grant of bail (and who accordingly is deemed by section 34(7) above to have been arrested for an offence).
(8)
In the M1Magistrates’ Court Act 1980—
(a)
“43 Bail on arrest
(1)
Where a person has been granted bail under the Police and Criminal Evidence Act 1984 subject to a duty to appear before a magistrates’ court, the court before which he is to appear may appoint a later time as the time at which he is to appear and may enlarge the recognizances of any sureties for him at that time.
(2)
The recognizance of any surety for any person granted bail subject to a duty to attend at a police station may be enforced as if it were conditioned for his appearance before a magistrates’ court for the petty sessions area in which the police station named in the recognizance is situated.”; and
(b)
“(3)
Where a warrant has been endorsed for bail under subsection (1) above—
(a)
where the person arrested is to be released on bail on his entering into a recognizance without sureties, it shall not be necessary to take him to a police station, but if he is so taken, he shall be released from custody on his entering into the recognizance; and
(b)
where he is to be released on his entering into a recognizance with sureties, he shall be taken to a police station on his arrest, and the custody officer there shall (subject to his approving any surety tendered in compliance with the endorsement) release him from custody as directed in the endorsement.”.