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Criminal Justice Act 2003

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Point in time view as at 10/09/2024.

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Criminal Justice Act 2003, Paragraph 2 is up to date with all changes known to be in force on or before 27 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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2(1)Section 37 (duties of custody officers before charge) is amended as follows.E+W

(2)In subsection (7) for paragraphs (a) and (b) there is substituted—

(a)shall be released without charge and on bail for the purpose of enabling the Director of Public Prosecutions to make a decision under section 37B below,

(b)shall be released without charge and on bail but not for that purpose,

(c)shall be released without charge and without bail, or

(d)shall be charged.

(3)After that subsection there is inserted—

(7A)The decision as to how a person is to be dealt with under subsection (7) above shall be that of the custody officer.

(7B)Where a person is released under subsection (7)(a) above, it shall be the duty of the custody officer to inform him that he is being released to enable the Director of Public Prosecutions to make a decision under section 37B below.

(4)In subsection (8)(a) after “(7)(b)” there is inserted “ or (c) ”.

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