Legislation – Police, Crime, Sentencing and Courts Act 2022
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SCHEDULE 4Pre-charge bail
PART 1Grant of pre-charge bail
Amendments to the Police and Criminal Evidence Act 1984 (c. 60)
1
The Police and Criminal Evidence Act 1984 is amended as follows.
2
(1)
Section 30A (release of a person arrested elsewhere than at a police station) is amended as follows.
(2)
“(1)
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).”
(3)
In subsection (1A)(b), for “a police officer of the rank of inspector or above” substitute “a custody officer”
.
(4)
“(1C)
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).”
(5)
In subsection (2), after “subsection (1)” insert “or (1C)”
.
3
(1)
Section 34 (limitations on police detention) is amended as follows.
(2)
“(5)
A person whose release is ordered under subsection (2) must be released on bail if subsection (5A) applies.”
(3)
“(5AA)
A person whose release is ordered under subsection (2) must be released without bail if subsection (5A) does not apply.”
(4)
In subsection (5B)(a), after “subsection (5)” insert “or (5AA)”
.
4
“(7C)
The reference to a custody officer in section 30A(1A)(b) includes a reference to an officer other than a custody officer who is performing the functions of a custody officer by virtue of subsection (4) above.”
5
(1)
Section 37 (duties of custody officer before charge) is amended as follows.
(2)
“(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)
“(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)
“(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)”
.
6
(1)
Section 37CA (breach of bail following release under section 37(7)(c)) is amended as follows.
(2)
In the section heading, for “section 37(7)(c)” substitute “section 37(7)(b)”
.
(3)
In subsection (1), for “section 37(7)(c)” substitute “section 37(7)(b)”
.
(4)
“(b)
shall be released—
(i)
without charge, and
(ii)
if the pre-conditions for bail are satisfied, on bail, or
(c)
shall be released—
(i)
without charge, and
(ii)
if the pre-conditions for bail are not satisfied, without bail.”
7
In section 37D(4A) (release on bail under section 37: further provision), for “section 37(7)(c)” substitute “section 37(7)(b)”
.
8
“(a)
on bail, if the pre-conditions for bail are satisfied, or
(b)
without bail, if those pre-conditions are not satisfied.”
9
“(a)
on bail, if the pre-conditions for bail are satisfied, or
(b)
without bail, if those pre-conditions are not satisfied,
subject to subsection (10A).”
10
(1)
Section 43 (warrants of further detention) is amended as follows.
(2)
“(a)
on bail, if the pre-conditions for bail are satisfied, or
(b)
without bail, if those pre-conditions are not satisfied.”
(3)
“(a)
on bail, if the pre-conditions for bail are satisfied, or
(b)
without bail, if those pre-conditions are not satisfied.”
11
“(a)
on bail, if the pre-conditions for bail are satisfied, or
(b)
without bail, if those pre-conditions are not satisfied.”
12
(1)
Section 47ZC (applicable bail period: conditions A to D) is amended as follows.
(2)
In subsection (3)(a), for “section 37(7)(c)” substitute “section 37(7)(b)”
.
(3)
In subsection (4)(a), for “section 37(7)(c)” substitute “section 37(7)(b)”
.
13
“(b)
that the custody officer has considered any representations made by the person or the person’s legal representative.”
Amendments to the Criminal Justice Act 2003 (c. 44)
14
The Criminal Justice Act 2003 is amended as follows.
15
(1)
Section 24A (arrest for failure to comply with conditions attached to conditional caution) is amended as follows.
(2)
“(b)
released without charge and on bail if—
(i)
the release is to enable a decision to be made as to whether the person should be charged with the offence, and
(ii)
the pre-conditions for bail are satisfied, or
(c)
released without charge and without bail (with or without any variation in the conditions attached to the caution) if paragraph (b) does not apply.”
(3)
In subsection (3)(a), for “subsection (2)(c)” substitute “subsection (2)(b)”
.
(4)
In subsection (4), for “subsection (2)(c)” substitute “subsection (2)(b)”
.
6
In section 24B(5) (application of PACE provisions), for “section 24A(2)(c)” substitute “section 24A(2)(b)”
.