C1C2 Part III Arrest
Pt. III incorporated (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52
C330AF1F6Release of a person arrested elsewhere than at police station
F71
If subsection (1A) applies, a constable may release on bail a person who is arrested or taken into custody in the circumstances mentioned in section 30(1).
F51A
This subsection applies if—
a
the constable 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
b
F4a custody officer authorises the release on bail (having considered any representations made by the person).
F81B
In determining whether releasing the person on bail is necessary and proportionate in all the circumstances, the constable 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 constable,
d
the need to safeguard the person, taking into account any vulnerabilities of the person where these vulnerabilities have been identified by the constable, and
e
the need to manage risks to the public.
F31C
If subsection (1A) does not apply, a constable may release without bail a person who is arrested or taken into custody in the circumstances mentioned in section 30(1).
2
3
A person released on bail under subsection (1) must be required to attend a police station.
F23A
Where a constable releases a person on bail under subsection (1)—
a
no recognizance for the person's surrender to custody shall be taken from the person,
b
no security for the person's surrender to custody shall be taken from the person or from anyone else on the person's behalf,
c
the person shall not be required to provide a surety or sureties for his surrender to custody, and
d
no requirement to reside in a bail hostel may be imposed as a condition of bail.
3B
Subject to subsection (3A), where a constable releases a person on bail under subsection (1) the constable may impose, as conditions of the bail, such requirements as appear to the constable to be necessary—
a
to secure that the person surrenders to custody,
b
to secure that the person does not commit an offence while on bail,
c
to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person, or
d
for the person's own protection or, if the person is F9under the age of 18, for the person's own welfare or in the person's own interests.
4
Where a person is released on bail under subsection (1), a requirement may be imposed on the person as a condition of bail only under the preceding provisions of this section.
5
The police station which the person is required to attend may be any police station.
Pt. III: Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para. 1; S.I. 2003/708, art. 2(j)
Pt. III: Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 51-54, 68, Sch. 1 Pt. 2 para. 74; S.I. 2003/708, art. 2(j)