Police and Criminal Evidence Act 1984

Detention—miscellaneous

46Detention after charge

(1)Where a person—

(a)is charged with an offence; and

(b)after being charged—

(i)is kept in police detention ; or

(ii)is detained by a local authority in pursuance of arrangements made under section 38(6) above,

he shall be brought before a magistrates' court in accordance with the provisions of this section.

(2)If he is to be brought before a magistrates' court for the petty sessions area in which the police station at which he was charged is situated, he shall be brought before such a court as soon as is practicable and in any event not later than the first sitting after he is charged with the offence.

(3)If no magistrates' court for that area is due to sit either on the day on which he is charged or on the next day, the custody officer for the police station at which he was charged shall inform the clerk to the justices for the area that there is a person in the area to whom subsection (2) above applies.

(4)If the person charged is to be brought before a magistrates' court for a petty sessions area other than that in which the police station at which he was charged is situated, he shall be removed to that area as soon as is practicable and brought before such a court as soon as is practicable after his arrival in the area and in any event not later than the first sitting of a magistrates' court for that area after his arrival in the area.

(5)If no magistrates' court for that area is due to sit either on the day on which he arrives in the area or on the next day—

(a)he shall be taken to a police station in the area; and

(b)the custody officer at that station shall inform the clerk to the justices for the area that there is a person in the area to whom subsection (4) applies.

(6)Subject to subsection (8) below, where a clerk to the justices for a petty sessions area has been informed—

(a)under subsection (3) above that there is a person in the area to whom subsection (2) above applies ; or

(b)under subsection (5) above that there is a person in the area to whom subsection (4) above applies,

the clerk shall arrange for a magistrates' court to sit not later than the day next following the relevant day.

(7)In this section " the relevant day "—

(a)in relation to a person who is to be brought before a magistrates' court for the petty sessions area in which the police station at which he was charged is situated, means the day on which he was charged; and

(b)in relation to a person who is to be brought before a magistrates' court for any other petty sessions area, means the day on which he arrives in the area.

(8)Where the day next following the relevant day is Christmas Day, Good Friday or a Sunday, the duty of the clerk under subsection (6) above is a duty to arrange for a magistrates' court to sit not later than the first day after the relevant day which is not one of those days.

(9)Nothing in this section requires a person who is in hospital to be brought before a court if he is not well enough.

47Bail after arrest

(1)Subject to subsection (2) below, a release on bail of a person under this Part of this Act shall be a release on bail granted in accordance with the [1976 c. 63.] Bail Act 1976.

(2)Nothing in the Bail Act 1976 shall prevent the re-arrest without warrant of a person released on bail subject to a duty to attend at a police station if new evidence justifying a further arrest has come to light since his release.

(3)Subject to subsection (4) below, in this Part of this Act references to " bail" are references to bail subject to a duty—

(a)to appear before a magistrates' court at such time and such place; or

(b)to attend at such police station at such time,

as the custody officer may appoint.

(4)Where a custody officer has granted bail to a person subject to a duty to appear at a police station, the custody officer may give notice in writing to that person that his attendance at the police station is not required.

(5)Where a person arrested for an offence who was released on bail subject to a duty to attend at a police station so attends, he may be detained without charge in connection with that offence only if the custody officer at the police station has reasonable grounds for believing that his detention is necessary—

(a)to secure or preserve evidence relating to the offence; or

(b)to obtain such evidence by questioning him.

(6)Where a person is detained under subsection (5) above, any time during which he was in police detention prior to being granted bail shall be included as part of any period which falls to be calculated under this Part of this Act.

(7)Where a person who was released on bail subject to a duty to attend at a police station is re-arrested, the provisions of this Part of this Act shall apply to him as they apply to a person arrested for the first time.

(8)In the [1980 c. 43.] Magistrates' Courts Act 1980—

(a)the following section shall be substituted for section 43—

“43Bail on arrest

(1)Where a person has been granted bail under the Police and Criminal Evidence Act 1984 subject to a duty to appear before a magistrates' court, the court before which he is to appear may appoint a later time as the time at which he is to appear and may enlarge the recognizances of any sureties for him at that time.

(2)The recognizance of any surety for any person granted bail subject to a duty to attend at a police station may be enforced as if it were conditioned for his appearance before a magistrates' court for the petty sessions area in which the police station named in the recognizance is situated.”; and

(b)the following subsection shall be substituted for section 117(3)—

“(3)Where a warrant has been endorsed for bail under subsection (1) above—

(a)where the person arrested is to be released on bail on his entering into a recognizance without sureties, it shall not be necessary to take him to a police station, but if he is so taken, he shall be released from custody on his entering into the recognizance ; and

(b)where he is to be released on his entering into a recognizance with sureties, he shall be taken to a police station on his arrest, and the custody officer there shall (subject to his approving any surety tendered in compliance with the endorsement) release him from custody as directed in the endorsement”.

48Remands to police detention

In section 128 of the Magistrates' Courts Act 1980—

(a)in subsection (7) for the words " the custody of a constable " there shall be substituted the words " detention at a police station " ;

(b)after subsection (7) there shall be inserted the following subsection—

“(8)Where a person is committed to detention at a police station under subsection (7) above—

(a)he shall not be kept in such detention unless there is a need for him to be so detained for the purposes of inquiries into other offences;

(b)if kept in such detention, he shall be brought back before the magistrates' court which committed him as soon as that need ceases ;

(c)he shall be treated as a person in police detention to whom the duties under section 39 of the Police and Criminal Evidence Act 1984 (responsibilities in relation to persons detained) relate;

(d)his detention shall be subject to periodic review at the times set out in section 40 of that Act (review of police detention).”.

49Police detention to count towards custodial sentence

(1)In subsection (1) of section 67 of the [1967 c. 80.] Criminal Justice Act 1967 (computation of custodial sentences) for the words from " period ", in the first place where it occurs, to " the offender " there shall be substituted the words " relevant period, but where he " .

(2)The following subsection shall be inserted after that subsection—

“(1A)In subsection (1) above " relevant period " means—

(a)any period during which the offender was in police detention in connection with the offence for which the sentence was passed; or

(b)any period during which he was in custody—

(i)by reason only of having been committed to custody by an order of a court made in connection with any proceedings relating to that sentence or the offence for which it was passed or any proceedings from which those proceedings arose ; or

(ii)by reason of his having been so committed and having been concurrently detained otherwise than by order of a court.”.

(3)The following subsections shall be added after subsection (6) of that section—

“(7)A person is in police detention for the purposes of this section—

(a)at any time when he is in police detention for the purposes of the Police and Criminal Evidence Act 1984; and

(b)at any time when he is detained under section 12 of the [1984 c. 8.] Prevention of Terrorism (Temporary Provisions) Act 1984.

(8)No period of police detention shall be taken into account under this section unless it falls after the coming into force of section 49 of the Police and Criminal Evidence Act 1984.”.

50Records of detention

(1)Each police force shall keep written records showing on an annual basis—

(a)the number of persons kept in police detention for more than 24 hours and subsequently released without charge;

(b)the number of applications for warrants of further detention and the results of the applications ; and

(c)in relation to each warrant of further detention—

(i)the period of further detention authorised by it;

(ii)the period which the person named in it spent in police detention on its authority; and

(iii)whether he was charged or released without charge.

(2)Every annual report—

(a)under section 12 of the [1964 c. 48.] Police Act 1964 ; or

(b)made by the Commissioner of Police of the Metropolis,

shall contain information about the matters mentioned in subsection (1) above in respect of the period to which the report relates.

51Savings

Nothing in this Part of this Act shall affect—

(a)the powers conferred on immigration officers by section 4 of and Schedule 2 to the [1971 c. 77.] Immigration Act 1971 (administrative provisions as to control on entry etc.);

(b)the powers conferred by or by virtue of section 12 or 13 of the Prevention of Terrorism (Temporary Provisions) Act 1984 (powers of arrest and detention and control of entry and procedure for removal);

(c)any duty of a police officer under—

(i)section 129, 190 or 202 of the [1955 c. 18.] Army Act 1955 (duties of governors of prisons and others to receive prisoners, deserters, absentees and persons under escort);

(ii)section 129, 190 or 202 of the [1955 c. 19.] Air Force Act 1955 (duties of governors of prisons and others to receive prisoners, deserters, absentees and persons under escort);

(iii)section 107 of the [1957 c. 53.] Naval Discipline Act 1957 (duties of governors of civil prisons etc.); or

(iv)paragraph 5 of Schedule 5 to the [1980 c. 9.] Reserve Forces Act 1980 (duties of governors of civil prisons); or

(d)any right of a person in police detention to apply for a writ of habeas corpus or other prerogative remedy.

52Children

This Part of this Act does not apply to a child (as for the time being defined for the purposes of the [1969 c. 54.] Children and Young Persons Act 1969) who is arrested without a warrant otherwise than for homicide and to whom section 28(4) and (5) of that Act accordingly apply.