Police and Criminal Evidence Act. Sections 34_37

Police and Criminal Evidence Act 1984

1984 CHAPTER 60

An Act to make further provision in relation to the powers and duties of the police, persons in police detention, criminal evidence, police discipline and complaints against the police; to provide for arrangements for obtaining the views of the community on policing and for a rank of deputy chief constable; to amend the law relating to the Police Federations and Police Forces and Police Cadets in Scotland; and for connected purposes

[31st October 1984]

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:–

Part IV
Detention

Detention—conditions and duration

34 Limitations on police detention

(1) A person arrested for an offence shall not be kept in police detention except in accordance with the provisions of this Part of this Act.

(2) Subject to subsection (3) below, if at any time a custody officer—

(a)

becomes aware, in relation to any person in police detention, that the grounds for the detention of that person have ceased to apply; and

(b)

is not aware of any other grounds on which the continued detention of that person could be justified under the provisions of this Part of this Act,

it shall be the duty of the custody officer, subject to subsection (4) below, to order his immediate release from custody.

(3) No person in police detention shall be released except on the authority of a custody officer at the police station where his detention was authorised or, if it was authorised at more than one station, a custody officer at the station where it was last authorised.

(4) A person who appears to the custody officer to have been unlawfully at large when he was arrested is not to be released under subsection (2) above.

(5) A person whose release is ordered under subsection (2) above shall be released without bail unless it appears to the custody officer—

(a)

that there is need for further investigation of any matter in connection with which he was detained at any time during the period of his detention; or

[(b)

that, in respect of any such matter, proceedings may be taken against him or he may be reprimanded or warned under section 65 of the Crime and Disorder Act 1998,]

and, if it so appears, he shall be released on bail.

(6) For the purposes of this Part of this Act a person arrested under [section 6(5) of the Road Traffic Act 1988] is arrested for an offence.

[(7) For the purposes of this Part of this Act a person who returns to a police station to answer to bail or is arrested under section 46A below shall be treated as arrested for an offence and the offence in connection with which he was granted bail shall be deemed to be that offence.]

NOTES

Initial Commencement

To be appointed
To be appointed: see s 121(1).

Appointment

Appointment: 1 January 1986: see SI 1985/1934, art 2, Schedule; for transitional provisions see art 3(b) thereof.

Amendment

Sub-s (5): para (b) substituted by the Criminal Justice and Court Services Act 2000, s 56(2).

Date in force: 1 February 2001: see SI 2000/3302, art 3(a).

Sub-s (6): words in square brackets substituted by the Road Traffic (Consequential Provisions) Act 1988, s 4, Sch 3, para 27.
Sub-s (7): inserted by the Criminal Justice and Public Order Act 1994, s 29(3).

Extent

This section does not extend to Scotland: see s 120(1).

37 Duties of custody officer before charge

(1) Where—

(a)

a person is arrested for an offence—

(i) without a warrant; or

(ii) under a warrant not endorsed for bail, . . .

(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.

(2) If the custody officer determines that he does not have such evidence before him, the person arrested shall be released either on bail or without bail, unless the custody officer has reasonable grounds for believing that his detention without being charged is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him.

(3) If the custody officer has reasonable grounds for so believing, he may authorise the person arrested to be kept in police detention.

(4) 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.

(5) 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.

(6) 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.

(7) 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—

(a)

shall be charged; or

(b)

shall be released without charge, either on bail or without bail.

(8) Where—

(a)

a person is released under subsection (7)(b) 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.

(9) 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.

(10) 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.

(11)–(14) . . .

(15) In this Part of this Act—

“arrested juvenile” means a person arrested with or without a warrant who appears to be under the age of 17 . . . ;

“endorsed for bail” means endorsed with a direction for bail in accordance with section 117(2) of the Magistrates’ Courts Act 1980.

NOTES

Initial Commencement

To be appointed
To be appointed: see s 121(1).

Appointment

Appointment: 1 January 1986: see SI 1985/1934, art 2, Schedule; for transitional provisions see art 3(b) thereof.

Amendment

Sub-s (1): words omitted repealed by the Criminal Justice and Public Order Act 1994, ss 29(4)(a), 168(3), Sch 11.
Sub-ss (11)–(14): repealed by the Criminal Justice Act 1991, ss 72, 101(2), Sch 13.
Sub-s (15): words omitted repealed by the Children Act 1989, s 108(7), Sch 15.

Extent

This section does not extend to Scotland: see s 120(1).

38 Duties of custody officer after charge

(1) Where a person arrested for an offence otherwise than under a warrant endorsed for bail is charged with an offence, the custody officer shall[, subject to section 25 of the Criminal Justice and Public Order Act 1994,] order his release from police detention, either on bail or without bail, unless—

(a)

if the person arrested is not an arrested juvenile—

(i) his name or address cannot be ascertained or the custody officer has reasonable grounds for doubting whether a name or address furnished by him as his name or address is his real name or address;

[(ii) the custody officer has reasonable grounds for believing that the person arrested will fail to appear in court to answer to bail;

(iii) in the case of a person arrested for an imprisonable offence, the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from committing an offence;

[(iiia) in the case of a person who has attained the age of 18, the custody officer has reasonable grounds for believing that the detention of the person is necessary to enable a sample to be taken from him under section 63B below;]

(iv) in the case of a person arrested for an offence which is not an imprisonable offence, the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from causing physical injury to any other person or from causing loss of or damage to property;

(v) the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from interfering with the administration of justice or with the investigation of offences or of a particular offence; or

(vi) the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary for his own protection;]

(b)

if he is an arrested juvenile—

(i) any of the requirements of paragraph (a) above is satisfied; or

(ii) the custody officer has reasonable grounds for believing that he ought to be detained in his own interests.

(2) If the release of a person arrested is not required by subsection (1) above, the custody officer may authorise him to be kept in police detention [but may not authorise a person to be kept in police detention by virtue of subsection (1)(a)(iiia) after the end of the period of six hours beginning when he was charged with the offence].

[(2A) The custody officer, in taking the decisions required by subsection (1)(a) and (b) above (except (a)(i) and (vi) and (b)(ii)), shall have regard to the same considerations as those which a court is required to have regard to in taking the corresponding decisions under paragraph 2 of Part I of Schedule l to the Bail Act 1976.]

(3) Where a custody officer authorises a person who has been charged to be kept in police detention, he shall, as soon as practicable, make a written record of the grounds for the detention.

(4) Subject to subsection (5) below, the written record shall be made in the presence of the person charged who shall at that time be informed by the custody officer of the grounds for his detention.

(5) Subsection (4) above shall not apply where the person charged 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.

[[(6) Where a custody officer authorises an arrested juvenile to be kept in police detention under subsection (1) above, the custody officer shall, unless he certifies—

(a)

that, by reason of such circumstances as are specified in the certificate, it is impracticable for him to do so; or

(b)

in the case of an arrested juvenile who has attained the [age of 12 years], that no secure accommodation is available and that keeping him in other local authority accommodation would not be adequate to protect the public from serious harm from him,

secure that the arrested juvenile is moved to local authority accommodation.

(6A) In this section—

“local authority accommodation” means accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989);

“secure accommodation” means accommodation provided for the purpose of restricting liberty;

“sexual offence” and “violent offence” have the same meanings as in [the Powers of Criminal Courts (Sentencing) Act 2000];

and any reference, in relation to an arrested juvenile charged with a violent or sexual offence, to protecting the public from serious harm from him shall be construed as a reference to protecting members of the public from death or serious personal injury, whether physical or psychological, occasioned by further such offences committed by him.]

(6B) Where an arrested juvenile is moved to local authority accommodation under subsection (6) above, it shall be lawful for any person acting on behalf of the authority to detain him.]

(7) A certificate made under subsection (6) above in respect of an arrested juvenile shall be produced to the court before which he is first brought thereafter.

[(7A) In this section “imprisonable offence” has the same meaning as in Schedule 1 to the Bail Act 1976.]

(8) In this Part of this Act “local authority” has the same meaning as in the [Children Act 1989].

NOTES

Initial Commencement

To be appointed
To be appointed: see s 121(1).

Appointment

Appointment: 1 January 1996: see SI 1985/1934, art 2, Schedule; for transitional provisions see art 3(b) thereof.

Amendment

Sub-s (1): words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,” in square brackets inserted by the Criminal Justice and Public Order Act 1994, s 168(2), Sch 10, para 54.
Sub-s (1): para (a)(ii), (iii), (iv)–(vi) substituted, for para (a)(ii), (iii) as originally enacted, by the Criminal Justice and Public Order Act 1994, s 28(2).
Sub-s (1): para (a)(iiia) inserted by the Criminal Justice and Court Services Act 2000, s 57(1), (3)(a).

Date in force (in relation to Nottinghamshire, Staffordshire and Metropolitan police districts): 2 July 2001: see SI 2001/2232, art 2(f).
Date in force (in relation to Bedfordshire, Devon and Cornwall, Lancashire, Merseyside, South Yorkshire, and North Wales police districts): 20 May 2002: see SI 2002/1149, art 2.
Date in force (in relation to Avon and Somerset, Greater Manchester, Thames Valley and West Yorkshire police districts): 2 September 2002: see SI 2002/1862, art 2.
Date in force (for remaining purposes): to be appointed: see the Criminal Justice and Court Services Act 2000, s 80(1).

Sub-s (2): words from “but may not authorise” to “charged with the offence” in square brackets inserted by the Criminal Justice and Court Services Act 2000, s 57(1), (3)(b).

Sub-ss (2A), (7A): inserted by the Criminal Justice and Public Order Act 1994, s 28(3), (4).
Sub-s (6): substituted, together with sub-s (6A), for existing sub-ss (6), (6A), by the Criminal Justice Act 1991, s 59; words in square brackets substituted by the Criminal Justice and Public Order Act 1994, s 24.
Sub-s (6A): inserted by the Children Act 1989, s 108(5), Sch 13, para 53(2).
Sub-s (6A): substituted, together with sub-s (6), for existing sub-ss (6), (6A), by the Criminal Justice Act 1991, s 59.
Sub-s (6A): in definitions “sexual offence” and “violent offence” words “the Powers of Criminal Courts (Sentencing) Act 2000” in square brackets substituted by the Powers of Criminal Courts (Sentencing) Act 2000, s 165(1), Sch 9, para 96.

Date in force: 25 August 2000: see the Powers of Criminal Courts (Sentencing) Act 2000, s 168(1).

Sub-s (6B): inserted by the Children Act 1989, s 108(5), Sch 13, para 53(2).
Sub-s (8): words in square brackets substituted by the Children Act 1989, s 108(5), Sch 13, para 53(3).

Extent

This section does not extend to Scotland: see s 120(1).

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