C1C2C3 Part IV Detention
Pt. 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)
Pt. IV incorporated (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52
Detention—miscellaneous
47ZCF5Applicable bail period: conditions A to D in sections 47ZD to 47ZG
1
This section applies for the purposes of sections 47ZD to 47ZG.
2
Condition A is that the decision-maker has reasonable grounds for suspecting the person in question to be guilty of the relevant offence.
3
Condition B is that the decision-maker has reasonable grounds for believing—
a
in a case where the person in question is or is to be released on bail under F4section 37(7)(b) or 37CA(2)(b), that further time is needed for making a decision as to whether to charge the person with the relevant offence, or
b
otherwise, that further investigation is needed of any matter in connection with the relevant offence.
4
Condition C is that the decision-maker has reasonable grounds for believing—
a
in a case where the person in question is or is to be released on bail under F1section 37(7)(b) or 37CA(2)(b), that the decision as to whether to charge the person with the relevant offence is being made diligently and expeditiously, or
b
otherwise, that the investigation is being conducted diligently and expeditiously.
5
Condition D is that the decision-maker has reasonable grounds for believing that the release on bail of the person in question is necessary and proportionate in all the circumstances (having regard, in particular, to any conditions of bail which are, or are to be, imposed).
6
In this section “decision-maker” means—
a
in relation to a condition which falls to be considered by virtue of section 47ZD, the F6relevant officer in question;
F3aa
in relation to a condition which falls to be considered by virtue of section 47ZDA, the senior officer in question;
ab
in relation to a condition which falls to be considered by virtue of section 47ZDB, the appropriate decision-maker in question,
b
in relation to a condition which falls to be considered by virtue of section 47ZE, the F2qualifying police officer in question;
c
in relation to a condition which falls to be considered by virtue of section 47ZF or 47ZG, the court in question.
Pt. 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)