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)”
.