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Police and Criminal Evidence Act 1984, Section 50A is up to date with all changes known to be in force on or before 26 May 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.
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[F2(1)]For the purposes of this Part the following are the pre-conditions for bail in relation to the release of a person by a custody officer—
(a)that the custody officer 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
[F3(b)that the custody officer has considered any representations made by the person or the person’s legal representative.]
[F4(2)In determining whether releasing the person on bail is necessary and proportionate in all the circumstances, the custody officer must have regard in particular to—
(a)the need to secure that the person surrenders to custody,
(b)the need to prevent offending by the person,
(c)the need to safeguard victims of crime and witnesses, taking into account any vulnerabilities of any alleged victim of, or alleged witness to, the offence for which the person was arrested where these vulnerabilities have been identified by the custody officer,
(d)the need to safeguard the person, taking into account any vulnerabilities of the person where these vulnerabilities have been identified by the custody officer, and
(e)the need to manage risks to the public.]]
Textual Amendments
F1S. 50A inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 58, 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)
F2S. 50A renumbered as s. 50A(1) (28.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 4 para. 18(2) (with s. 45(3)); S.I. 2022/1075, reg. 4(b)
F3S. 50A(1)(b) substituted (28.10.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 4 para. 13 (with s. 45(3)); S.I. 2022/1075, reg. 4(b)
F4S. 50A(2) inserted (28.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 4 para. 18(3) (with s. 45(3)); S.I. 2022/1075, reg. 4(b)
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