Part 4Police powers

CHAPTER 1Pre-charge bail

Release without bail or on bail

I156Release from further detention at police station

1

In section 41(7) of the Police and Criminal Evidence Act 1984 (limits on period of detention without charge) for the words from “either” to the end substitute

a

without bail unless the pre-conditions for bail are satisfied, or

b

on bail if those pre-conditions are satisfied.

2

Section 42 of the Police and Criminal Evidence Act 1984 (authorisation of continued detention) is amended as follows.

3

In subsection (10)—

a

omit “, either on bail or without bail”, and

b

for the words from “, unless” to the end substitute

a

without bail unless the pre-conditions for bail are satisfied, or

b

on bail if those pre-conditions are satisfied,

(subject to subsection (10A))

4

After subsection (10) insert—

10A

Subsection (10) does not apply if—

a

the person has been charged with an offence, or

b

the person's continued detention is authorised or otherwise permitted in accordance with section 43.