C1C5C7 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
C2C3C4C8C1137 Duties of custody officer before charge.
C101
Where—
a
a person is arrested for an offence—
i
without a warrant; or
ii
under a warrant not endorsed for bail, F1. . .
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the custody officer at each police station where he is detained after his arrest shall determine whether he has before him sufficient evidence to charge that person with the offence for which he was arrested and may detain him at the police station for such period as is necessary to enable him to do so.
C10F152
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)).
F172A
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)).
C103
If the custody officer has reasonable grounds for F19believing that the person’s detention without being charged is necessary to secure or preserve evidence relating to an offence for which the person is under arrest or to obtain such evidence by questioning the person, he may authorise the person arrested to be kept in police detention.
C6C104
Where a custody officer authorises a person who has not been charged to be kept in police detention, he shall, as soon as is practicable, make a written record of the grounds for the detention.
C6C105
Subject to subsection (6) below, the written record shall be made in the presence of the person arrested who shall at that time be informed by the custody officer of the grounds for his detention.
C6C106
Subsection (5) above shall not apply where the person arrested is, at the time when the written record is made—
a
incapable of understanding what is said to him;
b
violent or likely to become violent; or
c
in urgent need of medical attention.
F136A
Subsection (6B) applies where—
a
a person is released under subsection (2) F18or (2A), 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.
6B
The custody officer must give the person notice in writing that the person is not to be prosecuted.
6C
Subsection (6B) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.
C107
Subject to section 41(7) below, if the custody officer determines that he has before him sufficient evidence to charge the person arrested with the offence for which he was arrested, the person arrested—
F4a
F8 shall be—
i
released without charge and on bail, or
ii
kept in police detention,
for the purpose of enabling the Director of Public Prosecutions to make a decision under section 37B below,
F11b
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
d
shall be charged.
C10F57A
The decision as to how a person is to be dealt with under subsection (7) above shall be that of the custody officer.
C107B
C108
Where—
a
a person is released under subsection (7)(b) F6or (c) above; and
b
at the time of his release a decision whether he should be prosecuted for the offence for which he was arrested has not been taken,
it shall be the duty of the custody officer so to inform him.
F168ZA
Where—
a
a person is released under subsection (7)(b) or (c), and
b
the custody officer makes a determination as mentioned in subsection (6A)(b),
subsections (6B) and (6C) apply.
F78A
Subsection (8B) applies if the offence for which the person is arrested is one in relation to which a sample could be taken under section 63B below and the custody officer—
a
is required in pursuance of subsection (2) above to release the person arrested and decides to release him on bail, or
b
decides in pursuance of subsection (7)(a) or F14(b) above to release the person without charge and on bail.
8B
The detention of the person may be continued to enable a sample to be taken under section 63B, but this subsection does not permit a person to be detained for a period of more than 24 hours after the relevant time.
C99
If the person arrested is not in a fit state to be dealt with under subsection (7) above, he may be kept in police detention until he is.
C910
The duty imposed on the custody officer under subsection (1) above shall be carried out by him as soon as practicable after the person arrested arrives at the police station or, in the case of a person arrested at the police station, as soon as practicable after the arrest.
F211
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F212
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F213
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F214
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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)