Legislation – Policing and Crime Act 2017
Changes to legislation:
Policing and Crime Act 2017, Section 52 is up to date with all changes known to be in force on or before 10 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 52:
- specified provision(s) amendment to earlier commencing S.I. 2017/1139, reg. 2 by S.I. 2017/1162 reg. 2
Part 4Police powers
CHAPTER 1Pre-charge bail
Release without bail or on bail
52Arrest elsewhere than at a police station: release before charge
(1)
Section 30A of the Police and Criminal Evidence Act 1984 (release of a person arrested elsewhere than at police station) is amended as follows.
(2)
In the heading for “Bail” substitute “
.
Release of a person arrested
”
(3)
In subsection (1)—
(a)
omit “on bail”, and
(b)
“—
(a)
without bail unless subsection (1A) applies, or
(b)
on bail if subsection (1A) applies.”
(4)
“(1A)
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)
a police officer of the rank of inspector or above authorises the release on bail (having considered any representations made by the person).”
(5)
In subsection (2) omit “on bail”.