Police and Criminal Evidence Act 1984

[F147ZEApplicable bail period: extension of limit in designated casesE+W

(1)This section applies in relation to a person if—

(a)the person’s case is an SFO case, or

(b)a senior officer has authorised an extension of the applicable bail period in relation to the person under section 47ZD.

(2)A qualifying prosecutor may designate the person’s case as being an exceptionally complex case (a “designated case”).

(3)If an appropriate decision-maker is satisfied that conditions A to D are met in relation to the person in a designated case, the decision-maker may authorise the applicable bail period in relation to the person to be extended so that it ends at the end of the period of 6 months beginning with the person’s bail start date.

(4)An appropriate decision-maker is—

(a)a member of staff of the Financial Conduct Authority who is of the description designated for the purposes of this paragraph by the Chief Executive of the Authority (in an FCA case),

(b)a member of the Serious Fraud Office who is of the Senior Civil Service (in an SFO case), or

(c)a qualifying police officer (in any other case).

(5)Before determining whether to give an authorisation under subsection (3) in relation to a person—

(a)the appropriate decision-maker must arrange for the person or the person’s legal representative to be informed that a determination is to be made, and

(b)if the appropriate decision-maker is a qualifying police officer, the officer must consult a qualifying prosecutor.

(6)In determining whether to give an authorisation under subsection (3) in relation to a person, the appropriate decision-maker must consider any representations made by the person or the person’s legal representative.

(7)The appropriate decision-maker must arrange for the person or the person’s legal representative to be informed whether an authorisation under subsection (3) has been given in relation to the person.

(8)Any designation under subsection (2) must be made, and any authorisation under subsection (3) must be given, before the applicable bail period in relation to the person has ended.

(9)In this section—

  • “qualifying police officer” means a police officer of the rank of commander or assistant chief constable or above, and

  • “qualifying prosecutor” means a prosecutor of the description designated for the purposes of this section by the Chief Executive of the Financial Conduct Authority, the Director of the Serious Fraud Office or the Director of Public Prosecutions.]

Textual Amendments

F1Ss. 47ZA-47ZM 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. 63, 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 15 (with reg. 5)