Part 5Miscellaneous
Live links
I1I246Live link bail
1
The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.
2
After section 34(7) (persons who are to be treated as arrested) there is inserted—
8
Subsection (7) does not apply in relation to a person who is granted bail subject to the duty mentioned in section 47(3)(b) and who either—
a
attends a police station to answer to such bail, or
b
is arrested under section 46A for failing to do so,
(provision as to the treatment of such persons for the purposes of this Part being made by section 46ZA).
3
After section 46 (detention after charge) there is inserted—
46ZAPersons granted live link bail
1
This section applies in relation to bail granted under this Part subject to the duty mentioned in section 47(3)(b) (“live link bail”).
2
An accused person who attends a police station to answer to live link bail is not to be treated as in police detention for the purposes of this Act.
3
Subsection (2) does not apply in relation to an accused person if—
a
at any time before the beginning of proceedings in relation to a live link direction under section 57C of the Crime and Disorder Act 1998 in relation to him, he informs a constable that he does not intend to give his consent to the direction;
b
at any such time, a constable informs him that a live link will not be available for his use for the purposes of that section;
c
proceedings in relation to a live link direction under that section have begun but he does not give his consent to the direction; or
d
the court determines for any other reason not to give such a direction.
4
If any of paragraphs (a) to (d) of subsection (3) apply in relation to a person, he is to be treated for the purposes of this Part—
a
as if he had been arrested for and charged with the offence in connection with which he was granted bail, and
b
as if he had been so charged at the time when that paragraph first applied in relation to him.
5
An accused person who is arrested under section 46A for failing to attend at a police station to answer to live link bail, and who is brought to a police station in accordance with that section, is to be treated for the purposes of this Part—
a
as if he had been arrested for and charged with the offence in connection with which he was granted bail, and
b
as if he had been so charged at the time when he is brought to the station.
6
Nothing in subsection (4) or (5) affects the operation of section 47(6).
4
In section 46A (power of arrest for failure to answer to police bail) after subsection (1) there is inserted—
1ZA
The reference in subsection (1) to a person who fails to attend at a police station at the time appointed for him to do so includes a reference to a person who—
a
attends at a police station to answer to bail granted subject to the duty mentioned in section 47(3)(b), but
b
leaves the police station at any time before the beginning of proceedings in relation to a live link direction under section 57C of the Crime and Disorder Act 1998 in relation to him, without informing a constable that he does not intend to give his consent to the direction.
5
In section 47 (bail after arrest) —
a
in subsection (3), for paragraphs (a) and (b) and the words following them there is substituted—
a
to appear before a magistrates' court at such time and such place as the custody officer may appoint;
b
to attend at such police station as the custody officer may appoint at such time as he may appoint for the purposes of—
i
proceedings in relation to a live link direction under section 57C of the Crime and Disorder Act 1998 (use of live link direction at preliminary hearings where accused is at police station); and
ii
any preliminary hearing in relation to which such a direction is given; or
c
to attend at such police station as the custody officer may appoint at such time as he may appoint for purposes other than those mentioned in paragraph (b).
b
in subsection (7), at the end there is inserted “
or to a person to whom section 46ZA(4) or (5) applies
”
.
6
In section 54 (searches of detained persons), in subsection (1)(b), after “37 above” there is inserted “
or as a person to whom section 46ZA(4) or (5) applies
”
.