- Latest available (Revised)
- Point in Time (24/03/2022)
- Original (As enacted)
Point in time view as at 24/03/2022.
Criminal Justice Act 2003, Section 4 is up to date with all changes known to be in force on or before 18 August 2024. 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Section 30 of the 1984 Act (arrest elsewhere than at police station) is amended as follows.
(2)For subsection (1) there is substituted—
“(1)Subsection (1A) applies where a person is, at any place other than a police station—
(a)arrested by a constable for an offence, or
(b)taken into custody by a constable after being arrested for an offence by a person other than a constable.
(1A)The person must be taken by a constable to a police station as soon as practicable after the arrest.
(1B)Subsection (1A) has effect subject to section 30A (release on bail) and subsection (7) (release without bail).”
(3)In subsection (2) for “subsection (1)” there is substituted “ subsection (1A) ”.
(4)For subsection (7) there is substituted—
“(7)A person arrested by a constable at any place other than a police station must be released without bail if the condition in subsection (7A) is satisfied.
(7A)The condition is that, at any time before the person arrested reaches a police station, a constable is satisfied that there are no grounds for keeping him under arrest or releasing him on bail under section 30A.”
(5)For subsections (10) and (11) there is substituted—
“(10)Nothing in subsection (1A) or in section 30A prevents a constable delaying taking a person to a police station or releasing him on bail if the condition in subsection (10A) is satisfied.
(10A)The condition is that the presence of the person at a place (other than a police station) is necessary in order to carry out such investigations as it is reasonable to carry out immediately.
(11)Where there is any such delay the reasons for the delay must be recorded when the person first arrives at the police station or (as the case may be) is released on bail.”
(6)In subsection (12) for “subsection (1)” there is substituted “ subsection (1A) or section 30A ”.
(7)After section 30 there is inserted—
(1)A constable may release on bail a person who is arrested or taken into custody in the circumstances mentioned in section 30(1).
(2)A person may be released on bail under subsection (1) at any time before he arrives at a police station.
(3)A person released on bail under subsection (1) must be required to attend a police station.
(4)No other requirement may be imposed on the person as a condition of bail.
(5)The police station which the person is required to attend may be any police station.
(1)Where a constable grants bail to a person under section 30A, he must give that person a notice in writing before he is released.
(2)The notice must state—
(a)the offence for which he was arrested, and
(b)the ground on which he was arrested.
(3)The notice must inform him that he is required to attend a police station.
(4)It may also specify the police station which he is required to attend and the time when he is required to attend.
(5)If the notice does not include the information mentioned in subsection (4), the person must subsequently be given a further notice in writing which contains that information.
(6)The person may be required to attend a different police station from that specified in the notice under subsection (1) or (5) or to attend at a different time.
(7)He must be given notice in writing of any such change as is mentioned in subsection (6) but more than one such notice may be given to him.
(1)A person who has been required to attend a police station is not required to do so if he is given notice in writing that his attendance is no longer required.
(2)If a person is required to attend a police station which is not a designated police station he must be—
(a)released, or
(b)taken to a designated police station,
not more than six hours after his arrival.
(3)Nothing in the Bail Act 1976 applies in relation to bail under section 30A.
(4)Nothing in section 30A or 30B or in this section prevents the re-arrest without a warrant of a person released on bail under section 30A if new evidence justifying a further arrest has come to light since his release.
(1)A constable may arrest without a warrant a person who—
(a)has been released on bail under section 30A subject to a requirement to attend a specified police station, but
(b)fails to attend the police station at the specified time.
(2)A person arrested under subsection (1) must be taken to a police station (which may be the specified police station or any other police station) as soon as practicable after the arrest.
(3)In subsection (1), “specified” means specified in a notice under subsection (1) or (5) of section 30B or, if notice of change has been given under subsection (7) of that section, in that notice.
(4)For the purposes of—
(a)section 30 (subject to the obligation in subsection (2)), and
(b)section 31,
an arrest under this section is to be treated as an arrest for an offence.”
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: