SCHEDULES

SCHEDULE 4Pre-charge bail

PART 1Grant of pre-charge bail

I2I15Amendments to the Police and Criminal Evidence Act 1984 (c. 60)

1

Section 37 (duties of custody officer before charge) is amended as follows.

2

For subsection (2) substitute—

2

If—

a

the custody officer (“C”) determines that C does not have such evidence before C, and

b

the pre-conditions for bail are satisfied,

the person arrested must be released on bail (subject to subsection (3)).

3

After subsection (2) insert—

2A

If—

a

the custody officer (“C”) determines that C does not have such evidence before C, and

b

the pre-conditions for bail are not satisfied,

the person arrested must be released without bail (subject to subsection (3)).

4

In subsection (6A)(a), after “subsection (2)” insert “or (2A)”.

5

In subsection (7), for paragraphs (b) and (c) (including the “or” at the end of paragraph (c)) substitute—

b

shall be released—

i

without charge, and

ii

if the pre-conditions for bail are satisfied, on bail,

but not for the purpose mentioned in paragraph (a),

c

shall be released—

i

without charge, and

ii

if the pre-conditions for bail are not satisfied, without bail, or

6

In subsection (8A)(b), for “(c)” substitute “(b)”.