Policing and Crime Act 2017

52 Arrest elsewhere than at a police station: release before charge

(1) Section 30A of the Police and Criminal Evidence Act 1984 (release of a person arrested elsewhere than at police station) is amended as follows.

(2) In the heading for “Bail” substitute “Release of a person arrested”.

(3) In subsection (1)—

(a) omit “on bail”, and

(b) at the end insert “—

(a) without bail unless subsection (1A) applies, or

(b) on bail if subsection (1A) applies.”

(4) After subsection (1) insert—

“(1A) This subsection applies if—

(a) the constable is satisfied that releasing the person on bail is necessary and proportionate in all the circumstances (having regard, in particular, to any conditions of bail which would be imposed), and

(b) a police officer of the rank of inspector or above authorises the release on bail (having considered any representations made by the person).”

(5) In subsection (2) omit “on bail”.