C1C4C6 Part IV Detention
Pt. IV (ss. 34-52) applied (with modifications) (4.4.2005) Criminal Justice Act 2003 (c. 44), ss. 87(3), 336; S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2) (as amended by S.I. 2005/2122, art. 2)
Pt. IV incorporated (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52
Detention—conditions and duration
34 Limitations on police detention.
C2C3C5C8C9C71
A person arrested for an offence shall not be kept in police detention except in accordance with the provisions of this Part of this Act.
C2C3C5C8C9C72
Subject to subsection (3) below, if at any time a custody officer—
a
becomes aware, in relation to any person in police detention, that the grounds for the detention of that person have ceased to apply; and
b
is not aware of any other grounds on which the continued detention of that person could be justified under the provision of this part of this Act,
it shall be the duty of the custody officer, subject to subsection (4) below, to order his immediate release from custody.
C2C3C5C8C9C73
No person in police detention shall be released except on the authority of a custody officer at the police station where his detention was authorised or, if it was authorised at more than one station, a custody officer at the station where it was last authorised.
C2C3C5C8C9C74
A person who appears to the custody officer to have been unlawfully at large when he was arrested is not to be released under subsection (2) above.
C2C3C5C8C9C7F95
A person whose release is ordered under subsection (2) must be released on bail if subsection (5A) applies.
C7F65A
This subsection applies if—
a
it appears to the custody officer—
i
that there is need for further investigation of any matter in connection with which the person was detained at any time during the period of the person’s detention, or
ii
that, in respect of any such matter, proceedings may be taken against the person or the person may be given a youth caution under section 66ZA of the Crime and Disorder Act 1998, and
b
the pre-conditions for bail are satisfied.
F85AA
A person whose release is ordered under subsection (2) must be released without bail if subsection (5A) does not apply.
C7F75B
Subsection (5C) applies where—
a
a person is released under subsection (5) F5or (5AA), and
b
the custody officer determines that—
i
there is not sufficient evidence to charge the person with an offence, or
ii
there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.
C75C
The custody officer must give the person notice in writing that the person is not to be prosecuted.
C75D
Subsection (5C) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.
C75E
In this Part “caution” includes—
a
a conditional caution within the meaning of Part 3 of the Criminal Justice Act 2003;
b
a youth conditional caution within the meaning of Chapter 1 of Part 4 of the Crime and Disorder Act 1998;
c
a youth caution under section 66ZA of that Act.
6
F27
For the purposes of this Part a person who—
a
attends a police station to answer to bail granted under section 30A,
b
returns to a police station to answer to bail granted under this Part, or
c
is arrested under section 30D or 46A,
is to be treated as arrested for an offence and that offence is the offence in connection with which he was granted bail.
F4But this subsection is subject to section 47(6) (which provides for the calculation of certain periods, where a person has been granted bail under this Part, by reference to time when the person is in police detention only).
F108
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).
Pt. IV (ss. 34-52) modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 4(6)(b)(c)(7), 5(9)(b)(c), 6(9)(b)(c); Pt. IV (ss. 34-52) modified by the said S.I. 1993/1813, art. 6, Sch. 3 para. 4 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 5
Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 7(6)(c) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)
Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 15(2) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)
Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 16(4) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)
Pt. IV (ss. 34-52) modified (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 85(4)(a), 120 (with s. 90); S.I. 2004/827, art. 3(h)
Pt. IV (ss. 34-52) modified (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 97(4)(a), 120 (with s. 100); S.I. 2004/827, art. 3(t)