Legalize / United Kingdom / Public General Act

Police and Criminal Evidence Act 1984

Type Public General Act

Publication 1984-10-31

Last updated 2026-04-07

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 2

Reform history JSON API

(7) Subsection (9) of that section is to be read as if the reference in paragraph (b) to the right conferred by section 58 were omitted.

(8) In this section—

“live link” means an arrangement by which an officer who is not present at the police station where an arrested person is held is able to see and hear, and to be seen and heard by, the arrested person and the arrested person’s solicitor (and for this purpose any impairment of eyesight or hearing is to be disregarded);

“vulnerable adult” means a person aged 18 or over who may have difficulty understanding the purpose of an authorisation under section 42(1) or (2) or anything that occurs in connection with a decision whether to give such an authorisation (whether because of a mental disorder or for any other reason);

“appropriate adult”, in relation to a person who has not attained the age of 18, means—the persons’s parent or guardian or, if the person is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,a social worker of a local authority, orif no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes;

“appropriate adult”, in relation to a vulnerable adult, means—a relative, guardian or other person responsible for the vulnerable adult’s care,a person who is experienced in dealing with vulnerable adults but who is not a police officer or a person employed for, or engaged on, police purposes, orif no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes.

(9) In subsection (8), in both definitions of “appropriate adult”, “police purposes” has the meaning given by section 101(2) of the Police Act 1996.

Warrants for further detention: use of live links

45ZB

(1) A magistrates’ court may give a live link direction for the purpose of the hearing of an application under section 43 for a warrant authorising further detention of a person, or the hearing of an application under section 44 for an extension of such a warrant, if—

(a) a custody officer considers that the use of a live link for that purpose is appropriate,

(b) the person to whom the application relates has had legal advice on the use of the live link,

(d) it is not contrary to the interests of justice to give the direction.

(2) In subsection (1)(c), “the appropriate consent” means—

(a) in relation to a person who has attained the age of 18, the consent of that person;

(b) in relation to a person who has not attained that age but has attained the age of 14, the consent of that person and of his or her parent or guardian;

(3) Where a live link direction is given, the requirement under section 43(2)(b) for the person to whom the application relates to be brought before the court for the hearing does not apply.

(4) In this section—

“live link direction” means a direction that a live link be used for the purposes of the hearing;

“live link” means an arrangement by which a person (when not in the place where the hearing is being held) is able to see and hear, and to be seen and heard by, the court during a hearing (and for this purpose any impairment of eyesight or hearing is to be disregarded);

“vulnerable adult” means a person aged 18 or over who may have difficulty understanding the purpose of the hearing or what occurs at it (whether because of a mental disorder or for any other reason);

“appropriate adult”, in relation to a person aged under 18, means—the person’s parent or guardian or, if the person is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,a social worker of a local authority, orif no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes;

“appropriate adult”, in relation to a vulnerable adult, means—a relative, guardian or other person responsible for the appropriate adult’s care,a person who is experienced in dealing with vulnerable adults but who is not a police officer or a person employed for, or engaged on, police purposes, orif no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes.

(5) In subsection (4), in both definitions of “appropriate adult”, “police purposes” has the meaning given by section 101(2) of the Police Act 1996.

Use of live links for other decisions about detention

45A

(1) Subject to the following provisions of this section, the Secretary of State may by regulations provide that, in the case of an arrested person who is held in a police station, some or all of the functions mentioned in subsection (2) may be performed (notwithstanding anything in the preceding provisions of this Part) by an officer who—

(a) is not present in that police station; but

(b) has access to the use ofa live link.

(2) Those functions are—

(a) the functions in relation to an arrested person taken to , or answering to bail at, a police station that is not a designated police station which, in the case of an arrested person taken to a station that is a designated police station, are functions of a custody officer under section 37, 38 or 40 above; and

(b) the function of carrying out a review under section 40(1)(b) above (review, by an officer of at least the rank of inspector, of the detention of person arrested but not charged).

(3) Regulations under this section shall specify the use to be made in the performance of the functions mentioned in subsection (2) above of a live link.

(4) Regulations under this section shall not authorise the performance of any of the functions mentioned in subsection (2)(a) above by such an officer as is mentioned in subsection (1) above unless he is a custody officer for a designated police station.

(5) Where any functions mentioned in subsection (2) above are performed in a manner authorised by regulations under this section—

(a) any obligation of the officer performing those functions to make a record in connection with the performance of those functions shall have effect as an obligation to cause another officer to make the record; and

(b) any requirement for the record to be made in the presence of the arrested person shall apply to the making of that record by that other officer.

(6) Where the functions mentioned in subsection (2)(b) are performed in a manner authorised by regulations under this section, the requirements under section 40(12) and (13) above for—

(a) the arrested person, or

(b) a solicitor representing him,

to be given any opportunity to make representations (whether in writing or orally) to the person performing those functions shall have effect as a requirement for that person, or such a solicitor, to be given an opportunity to make representations in a manner authorised by subsection (7) below.

(7) Representations are made in a manner authorised by this subsection—

(a) in a case where facilities exist for the immediate transmission of written representations to the officer performing the functions, if they are made either—

(i) orally to that officer by means of the live link used by him for performing those functions; or

(ii) in writing to that officer by means of the facilities available for the immediate transmission of the representations;

and

(b) in any other case if they are made orally to that officer by means of the live link used by him for performing the functions.

(8) Regulations under this section may make different provision for different cases and may be made so as to have effect in relation only to the police stations specified or described in the regulations.

(9) Regulations under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10) In this section, “live link”, in relation to any functions, means an arrangement by which the functions may be performed by an officer who is not present at the police station where an arrested person is held but who is able (for the purpose of the functions) to see and hear, and to be seen and heard by, the arrested person and any legal representative of that person (and for this purpose any impairment of eyesight or hearing is to be disregarded).

Detention—miscellaneous

Detention after charge.

46

(1) Where a person—

(a) is charged with an offence; and

(b) after being charged—

(i) is kept in police detention; or

(ii) is detained by a local authority in pursuance of arrangements made under section 38(6) above,

he shall be brought before a magistrates’ court in accordance with the provisions of this section.

(2) If he is to be brought before a magistrates’ court in the local justice area in which the police station at which he was charged is situated, he shall be brought before such a court as soon as is practicable and in any event not later than the first sitting after he is charged with the offence.

(3) If no magistrates’ court in that area is due to sit either on the day on which he is charged or on the next day, the custody officer for the police station at which he was charged shall inform the designated officerfor the area that there is a person in the area to whom subsection (2) above applies.

(4) If the person charged is to be brought before a magistrates’ court in a local justice area other than that in which the police station at which he was charged is situated, he shall be removed to that area as soon as is practicable and brought before such a court as soon as is practicable after his arrival in the area and in any event not later than the first sitting of a magistrates’ court in that area after his arrival in the area.

(5) If no magistrates’ court in that area is due to sit either on the day on which he arrives in the area or on the next day—

(a) he shall be taken to a police station in the area; and

(b) the custody officer at that station shall inform the designated officer for the area that there is a person in the area to whom subsection (4) applies.

(6) Subject to subsection (8) below, where the designated officer for a local justice area has been informed—

(a) under subsection (3) above that there is a person in the area to whom subsection (2) above applies; or

(b) under subsection (5) above that there is a person in the area to whom subsection (4) above applies,

the designated officer shall arrange for a magistrates’ court to sit not later than the day next following the relevant day.

(7) In this section “the relevant day”—

(a) in relation to a person who is to be brought before a magistrates’ court in the local justice area in which the police station at which he was charged is situated, means the day on which he was charged; and

(b) in relation to a person who is to be brought before a magistrates’ court in any other local justice area, means the day on which he arrives in the area.

(8) Where the day next following the relevant day is Christmas Day, Good Friday or a Sunday, the duty of the designated officer under subsection (6) above is a duty to arrange for a magistrates’ court to sit not later than the first day after the relevant day which is not one of those days.

(9) Nothing in this section requires a person who is in hospital to be brought before a court if he is not well enough.

Persons granted live link bail

46ZA

(1) This section applies in relation to bail granted under this Part subject to the duty mentioned in section 47(3)(b)(“live link bail”).

(2) An accused person who attends a police station to answer to live link bail is not to be treated as in police detention for the purposes of this Act.

(3) Subsection (2) does not apply in relation to an accused person if—

(a) at any time before the beginning of proceedings in relation to a live link direction under section 57C of the Crime and Disorder Act 1998 in relation to him, he informs a constable that he does not intend to give his consent to the direction;

(b) at any time before the beginning of the proceedings referred to in section 47(3)(b)(i), a constable informs him that a live link will not be available for his use for the purposes of those proceedings;

(c) proceedings in relation to a live link direction under that section have begun but he does not give his consent to the direction; or

(d) the court determines for any reason not to give a direction of the sort referred to in section 47(3)(b)(ii).

(4) If paragraph (b) or (d) of subsection (3) applies in relation to a person, he is to be treated for the purposes of this Part—

(a) as if he had been arrested for and charged with the offence in connection with which he was granted bail, and

(b) as if he had been so charged at the time when that paragraph first applied in relation to him.

(5) An accused person who is arrested under section 46A for failing to attend at a police station to answer to live link bail, and who is brought to a police station in accordance with that section, is to be treated for the purposes of this Part—

(a) as if he had been arrested for and charged with the offence in connection with which he was granted bail, and

(b) as if he had been so charged at the time when he is brought to the station.

(6) Nothing in subsection (4) or (5) affects the operation of section 47(6).

Power of arrest for failure to answer to police bail.

46A

(1) A constable may arrest without a warrant any person who, having been released on bail under this Part of this Act subject to a duty to attend at a police station, fails to attend at that police station at the time appointed for him to do so.

(1ZA) The reference in subsection (1) to a person who fails to attend at a police station at the time appointed for him to do so includes a reference to a person who—

(a) attends at a police station to answer to bail granted subject to the duty mentioned in section 47(3)(b), but

(b) leaves the police station at any time before the beginning of the proceedings referred to in sub-paragraph (i) of that provision.

(1ZB) The reference in subsection (1) to a person who fails to attend at a police station at the time appointed for the person to do so includes a reference to a person who—

(a) attends at a police station to answer to bail granted subject to the duty mentioned in section 47(3)(b), but

(b) refuses to be searched under section 54B.

(1A) A person who has been released on bail under this Part may be arrested without warrant by a constable if the constable has reasonable grounds for suspecting that the person has broken any of the conditions of bail.

(2) A person who is arrested under this section shall be taken to the police station appointed as the place at which he is to surrender to custody as soon as practicable after the arrest.

(3) For the purposes of—

(a) section 30 above (subject to the obligation in subsection (2) above), and

(b) section 31 above,

an arrest under this section shall be treated as an arrest for an offence.

Bail after arrest.

47

(1) Subject to the following provisions of this section, a release on bail of a person under this Part of this Act shall be a release on bail granted in accordance with sections 3, 3A, 5 and 5A of the Bail Act 1976 as they apply to bail granted by a constable.

(1A) The normal powers to impose conditions of bail shall be available to him where a custody officer releases a person on bail under this Part (except sections 37C(2)(b) and 37CA(2)(b)). In this subsection, “the normal powers to impose conditions of bail” has the meaning given in section 3(6) of the Bail Act 1976.

(1B) No application may be made under section 5B of the Bail Act 1976 if a person is released on bail under section ... 37C(2)(b) or 37CA(2)(b) above.

(1C) Subsections (1D) to (1F) below apply where a person released on bail under section ... 37C(2)(b) or 37CA(2)(b) above is on bail subject to conditions.

(1D) The person shall not be entitled to make an application under section 43B of the Magistrates' Courts Act 1980.

(1E) A magistrates' court may, on an application by or on behalf of the person, vary the conditions of bail; and in this subsection “vary” has the same meaning as in the Bail Act 1976.

(1F) Where a magistrates' court varies the conditions of bail under subsection (1E) above, that bail shall not lapse but shall continue subject to the conditions as so varied.

(2) Nothing in the Bail Act 1976 shall prevent the re-arrest without warrant of a person released on bail subject to a duty to attend at a police station if , since the person’s release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before the person’s release.

(3) Subject to subsections (3A) and (4) below, in this Part of this Act references to “bail” are references to bail subject to a duty—

(a) to appear before a magistrates' court at such time and such place as the custody officer may appoint;

(b) to attend at such police station as the custody officer may appoint at such time as he may appoint for the purposes of—

(i) proceedings held for the purposes of section 51 of the Criminal Justice Act 2003 (directions for live links in criminal proceedings) so far as that section applies to preliminary hearings (within the meaning of that section), and

(ii) any such hearing in relation to which a direction under that section is given requiring or permitting the person on bail to take part through a live audio link or a live video link (within the meaning of that section);

(c) to attend at such police station as the custody officer may appoint at such time as he may appoint for purposes other than those mentioned in paragraph (b) (subject to section 47ZA).

(3A) Where a custody officer grants bail to a person subject to a duty to appear before a magistrates’ court, he shall appoint for the appearance—

(a) a date which is not later than the first sitting of the court after the person is charged with the offence; or

(b) where he is informed by the designated officer for the relevant local justice area that the appearance cannot be accommodated until a later date, that later date.

(4) Where a custody officer has granted bail to a person subject to a duty to appear at a police station, the custody officer may give notice in writing to that person that his attendance at the police station is not required.

(4A) Where a person has been granted bail under this Part subject to a duty to attend at a police station, a custody officer may subsequently appoint a different time, or an additional time, at which the person is to attend at the police station to answer bail.

(4B) The custody officer must give the person notice in writing of the exercise of the power under subsection (4A).

(4C) The exercise of the power under subsection (4A) does not affect the conditions of bail (if any).

(4D) A custody officer may not appoint a time for a person’s attendance under subsection (4A) which is after the end of the applicable bail period in relation to the person.

(4E) Subsection (4D) is subject to section 47ZL.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where a person who has been granted bail under this Part and either has attended at the police station in accordance with the grant of bail or has been arrested under section 46A above is detained at a police station, any time during which he was in police detention prior to being granted bail shall be included as part of any period which falls to be calculated under this Part of this Act and any time during which he was on bail shall not be so included.

(6A) Where a person has been arrested under section 46A above (other than in a case within subsection (1ZA) or (1ZB) of that section) the period of 3 hours beginning with the time at which the person arrives at a police station following the arrest is not to be included as part of any period of police detention which falls to be calculated in relation to the person under this Part of this Act.

(7) Where a person who was released on bail under this Part subject to a duty to attend at a police station is re-arrested, the provisions of this Part of this Act shall apply to him as they apply to a person arrested for the first time ; but this subsection does not apply to a person who is arrested under section 46A above or has attended a police station in accordance with the grant of bail (and who accordingly is deemed by section 34(7) above to have been arrested for an offence) or to a person to whom section 46ZA(4) or (5) applies.

(8) In the Magistrates’ Court Act 1980—

(a) the following section shall be substituted for section 43—

(43) (1) Where a person has been granted bail under the Police and Criminal Evidence Act 1984 subject to a duty to appear before a magistrates’ court, the court before which he is to appear may appoint a later time as the time at which he is to appear and may enlarge the recognizances of any sureties for him at that time. (2) The recognizance of any surety for any person granted bail subject to a duty to attend at a police station may be enforced as if it were conditioned for his appearance before a magistrates’ court for the petty sessions area in which the police station named in the recognizance is situated.

; and

(b) the following subsection shall be substituted for section 117(3)—

(3) Where a warrant has been endorsed for bail under subsection (1) above— (a) where the person arrested is to be released on bail on his entering into a recognizance without sureties, it shall not be necessary to take him to a police station, but if he is so taken, he shall be released from custody on his entering into the recognizance; and (b) where he is to be released on his entering into a recognizance with sureties, he shall be taken to a police station on his arrest, and the custody officer there shall (subject to his approving any surety tendered in compliance with the endorsement) release him from custody as directed in the endorsement.

Duty to seek views of alleged victims on conditions of pre-charge bail

47ZZA

(1) Subsections (2) to (5) apply if—

(a) a person has been arrested for an offence, and

(b) a custody officer proposes to release the person on bail under this Part (except section 37C(2)(b) or 37CA(2)(b)).

(2) If it is reasonably practicable to do so, the investigating officer must seek the views of the alleged victim (if any) of the offence on—

(a) whether relevant conditions should be imposed on the person’s bail, and

(b) if so, what relevant conditions should be imposed.

(3) In this section “relevant condition”, in relation to an offence and an alleged victim of that offence, means a condition that relates to the safeguarding of the alleged victim.

(4) The investigating officer must inform the custody officer of any views obtained under subsection (2).

(5) If the person is granted bail subject to relevant conditions, the investigating officer must, if it is reasonably practicable to do so, notify the alleged victim of the offence of those conditions.

(6) If the alleged victim of the offence appears to the investigating officer to be vulnerable, subsections (2) and (5) apply as if references to the alleged victim of the offence were to a person appearing to the officer to represent the alleged victim.

(7) Subsections (8) to (11) apply if—

(a) a person has been arrested for an offence,

(b) the person has been released on bail under this Part subject to conditions, and

(8) If it is reasonably practicable to do so, the investigating officer must seek the views of the alleged victim (if any) of the offence on—

(a) whether any of the conditions that are relevant conditions should be varied, and

(b) if so, what variations should be made to those conditions.

(9) The investigating officer must inform the custody officer of any views obtained under subsection (8).

(10) If any of the conditions which are relevant conditions are varied, the investigating officer must, if it is reasonably practicable to do so, notify the alleged victim of the variations.

(11) If the alleged victim of the offence appears to the investigating officer to be vulnerable, subsections (8) and (10) apply as if references to the alleged victim of the offence were to a person appearing to the officer to represent the alleged victim.

(12) In this section “investigating officer”, in relation to an offence, means the constable or other person in charge of the investigation of the offence.

(13) For the purposes of this section a person (“P”) is an alleged victim of an offence if—

(a) an allegation has been made to a constable or other person involved in the investigation of the offence that P has suffered physical, mental or emotional harm, or economic loss, which was directly caused by the offence, and

(b) P is an individual.

(14) For the purposes of this section an alleged victim of an offence is vulnerable if the alleged victim—

(a) was aged under 18 at the time of the offence, or

(b) may have difficulty understanding a communication from an investigating officer under this section, or communicating effectively in response to it, by reason of—

(i) a physical disability or disorder,

(ii) a mental disorder within the meaning of the Mental Health Act 1983, or

(iii) a significant impairment of intelligence and social functioning.

Limits on period of bail without charge

47ZA

(1) This section applies in relation to the power conferred on a custody officer, when releasing a person on bail under this Part, to appoint a time for the person to attend at a police station in accordance with section 47(3)(c).

(2) The power must be exercised so as to appoint a time on the day on which the applicable bail period in relation to the person ends, unless subsection (3) or (4) applies.

(3) This subsection applies where—

(a) at the time of the exercise of the power the person is on bail under this Part in relation to one or more offences other than the relevant offence, and

(b) the custody officer believes that it is appropriate to align the person’s attendance in relation to the relevant offence with the person’s attendance in relation to the one or more other offences.

(4) This subsection applies where the custody officer believes that a decision as to whether to charge the person with the relevant offence would be made before the end of the applicable bail period in relation to the person.

(5) Where subsection (3) or (4) applies, the power may be exercised so as to appoint a time on a day falling before the end of the applicable bail period in relation to the person.

(6) This section is subject to section 47ZL.

(7) In this section references to attendance are to attendance at a police station in accordance with section 47(3)(c).

(8) In this Part the “relevant offence”, in relation to a person, means the offence in respect of which the power mentioned in subsection (1) is exercised in relation to the person.

Applicable bail period: initial limit

47ZB

(1) In this Part the “applicable bail period”, in relation to a person, means—

(a) in an FCA case, HMRC case, NCA case or SFO case, the period of 6 months beginning with the person’s bail start date, or

(b) in any other case, the period of 3 months beginning with the person’s bail start date.

(2) The applicable bail period in relation to a person may be extended under sections 47ZD to 47ZG or treated as extended under section 47ZJ(3).

(3) Subsection (1) and sections 47ZD to 47ZG are subject to sections 47ZL and 47ZM.

(4) For the purposes of this Part—

(a) a person’s bail start date is the day after the day on which the person was arrested for the relevant offence,

(b) an “FCA case” is a case in which—

(i) the relevant offence in relation to the person is being investigated by the Financial Conduct Authority, and

(ii) a member of staff of that Authority who is of the description designated for the purposes of this sub-paragraph by the Chief Executive of that Authority confirms that sub-paragraph (i) applies,

(ba) an “HMRC case” is a case in which—

(i) the relevant offence in relation to the person is being investigated by an officer of Revenue and Customs, and

(ii) an officer of Revenue and Customs confirms that sub-paragraph (i) applies,

(bb) an “NCA case” is a case in which—

(i) the relevant offence in relation to the person is being investigated by the National Crime Agency, and

(ii) a National Crime Agency officer confirms that sub-paragraph (i) applies,

(i) the relevant offence in relation to the person is being investigated by the Director of the Serious Fraud Office, and

(ii) a member of the Serious Fraud Office confirms that sub-paragraph (i) applies, ...

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applicable bail period: conditions A to D in sections 47ZD to 47ZG

47ZC

(1) This section applies for the purposes of sections 47ZD to 47ZG.

(2) Condition A is that the decision-maker has reasonable grounds for suspecting the person in question to be guilty of the relevant offence.

(3) Condition B is that the decision-maker has reasonable grounds for believing—

(a) in a case where the person in question is or is to be released on bail under section 37(7)(b) or 37CA(2)(b), that further time is needed for making a decision as to whether to charge the person with the relevant offence, or

(b) otherwise, that further investigation is needed of any matter in connection with the relevant offence.

(4) Condition C is that the decision-maker has reasonable grounds for believing—

(a) in a case where the person in question is or is to be released on bail under section 37(7)(b) or 37CA(2)(b), that the decision as to whether to charge the person with the relevant offence is being made diligently and expeditiously, or

(b) otherwise, that the investigation is being conducted diligently and expeditiously.

(5) Condition D is that the decision-maker has reasonable grounds for believing that the release on bail of the person in question is necessary and proportionate in all the circumstances (having regard, in particular, to any conditions of bail which are, or are to be, imposed).

(6) In this section “decision-maker” means—

(a) in relation to a condition which falls to be considered by virtue of section 47ZD, the relevant officer in question;

(aa) in relation to a condition which falls to be considered by virtue of section 47ZDA, the senior officer in question;

(ab) in relation to a condition which falls to be considered by virtue of section 47ZDB, the appropriate decision-maker in question,

(b) in relation to a condition which falls to be considered by virtue of section 47ZE, the qualifying police officer in question;

Applicable bail period: extension of initial limit in standard cases

47ZD

(1) This section applies in relation to a person if—

(a) the applicable bail period in relation to the person is the period mentioned in section 47ZB(1)(b),

(b) that period has not ended, and

(2) The relevant officer may authorise the applicable bail period in relation to the person to be extended so that it ends at the end of the period of 6 months beginning with the person’s bail start date.

(3) Before determining whether to give an authorisation under subsection (2) in relation to a person, the relevant officer must arrange for the person or the person’s legal representative to be informed that a determination is to be made.

(4) In determining whether to give an authorisation under subsection (2) in relation to a person, the relevant officer must consider any representations made by the person or the person’s legal representative.

(5) The relevant officer must arrange for the person or the person’s legal representative to be informed whether an authorisation under subsection (2) has been given in relation to the person.

(6) For the purposes of this Part “relevant officer” means a police officer of the rank of inspector or above.

Applicable bail period: further extension of limit in standard cases

47ZDA

(1) This section applies in relation to a person if—

(a) a relevant officer has authorised an extension of the applicable bail period in relation to the person under section 47ZD,

(b) that period has not ended, and

(2) The senior officer may authorise the applicable bail period in relation to the person to be extended so that it ends at the end of the period of 9 months beginning with the person’s bail start date.

(3) Before determining whether to give an authorisation under subsection (2) in relation to a person, the senior officer must arrange for the person or the person’s legal representative to be informed that a determination is to be made.

(4) In determining whether to give an authorisation under subsection (2) in relation to a person, the senior officer must consider any representations made by the person or the person’s legal representative.

(5) The senior officer must arrange for the person or the person’s legal representative to be informed whether an authorisation under subsection (2) has been given in relation to the person.

(6) For the purposes of this Part “senior officer” means a police officer of the rank of superintendent or above.

Applicable bail period: extension of limit in non-standard cases

47ZDB

(1) This section applies in relation to a person if—

(a) the applicable bail period in relation to a person is the period mentioned in section 47ZB(1)(a),

(b) that period has not ended, and

(2) The appropriate decision-maker may authorise the applicable bail period in relation to the person to be extended so that it ends at the end of the period of 12 months beginning with the person’s bail start date.

(3) Before determining whether to give an authorisation under subsection (2) in relation to a person, the appropriate decision-maker must arrange for the person or the person’s legal representative to be informed that a determination is to be made.

(4) In determining whether to give an authorisation under subsection (2) in relation to a person, the appropriate decision-maker must consider any representations made by the person or the person’s legal representative.

(5) The appropriate decision-maker must arrange for the person or the person’s legal representative to be informed whether an authorisation under subsection (2) has been given in relation to the person.

(6) For the purposes of this Part “appropriate decision-maker” means—

(a) in an FCA case, a member of staff of the Financial Conduct Authority who is of the description designated for the purposes of this section by the Chief Executive of that Authority,

(b) in an HMRC case, an officer of Revenue and Customs of a grade that is equivalent to the rank of superintendent or above,

(c) in an NCA case, a National Crime Agency officer of a grade that is equivalent to the rank of superintendent or above, and

(d) in an SFO case, a member of the Serious Fraud Office who is of the Senior Civil Service.

Applicable bail period: extension of limit in designated cases

47ZE

(1) This section applies in relation to a person if a senior officer has authorised an extension of the applicable bail period in relation to the person under section 47ZDA.

(2) The Director of Public Prosecutions may designate the person’s case as being an exceptionally complex case (a “designated case”).

(3) If a qualifying police officer is satisfied that conditions A to D are met in relation to the person in a designated case, the officer may authorise the applicable bail period in relation to the person to be extended so that it ends at the end of the period of 12 months beginning with the person’s bail start date.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Before determining whether to give an authorisation under subsection (3) in relation to a person—

(a) the qualifying police officer must arrange for the person or the person’s legal representative to be informed that a determination is to be made, and

(b) the qualifying police officer must consult the Director of Public Prosecutions.

(6) In determining whether to give an authorisation under subsection (3) in relation to a person, the qualifying police officer must consider any representations made by the person or the person’s legal representative.

(7) The qualifying police officer must arrange for the person or the person’s legal representative to be informed whether an authorisation under subsection (3) has been given in relation to the person.

(8) Any designation under subsection (2) must be made, and any authorisation under subsection (3) must be given, before the applicable bail period in relation to the person has ended.

(9) In this section—

“qualifying police officer” means a police officer of the rank of commander or assistant chief constable or above, ...

Applicable bail period: first extension of limit by court

47ZF

(1) This section applies in relation to a person if—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a senior officer has authorised an extension of the applicable bail period in relation to the person under section 47ZDA,

(ba) an appropriate decision-maker has authorised an extension of the applicable bail period in relation to the person under section 47ZDB, or

(c) a qualifying police officer has authorised an extension of the applicable bail period in relation to the person under section 47ZE.

(2) Before the applicable bail period in relation to the person ends a qualifying applicant may apply to a magistrates’ court for it to authorise an extension of the applicable bail period in relation to the person under this section.

(3) If the court is satisfied that—

(a) conditions B to D are met in relation to the person, and

(b) the case does not fall within subsection (7),

it may authorise the applicable bail period to be extended as specified in subsection (4).

(4) The applicable bail period is to end—

(a) in a case falling within subsection (1)(b), at the end of the period of 12 months beginning with the person’s bail start date;

(b) in a case falling within subsection (1)(ba) or (c), at the end of the period of 18 months beginning with the person’s bail start date.

(5) If the court is satisfied that—

(a) conditions B to D are met in relation to the person, and

(b) the case falls within subsection (7),

it may authorise the applicable bail period to be extended as specified in subsection (6).

(6) The applicable bail period is to end—

(a) in a case falling within subsection (1)(b), at the end of the period of 18 months beginning with the person’s bail start date;

(b) in a case falling within subsection (1)(ba) or (c), at the end of the period of 24 months beginning with the person’s bail start date.

(7) A case falls within this subsection if the nature of the decision or further investigations mentioned in condition B means that that decision is unlikely to be made or those investigations completed if the applicable bail period in relation to the person is not extended as specified in subsection (6).

(8) In this section “qualifying applicant” means—

(a) a constable,

(b) a member of staff of the Financial Conduct Authority who is of the description designated for the purposes of this subsection by the Chief Executive of the Authority,

(ba) an officer of Revenue and Customs,

(bb) a National Crime Agency officer,

(d) a Crown Prosecutor.

Applicable bail period: subsequent extensions of limit by court

47ZG

(1) Subsections (2) to (6) apply where a court has authorised an extension of the applicable bail period in relation to a person under section 47ZF.

(2) Before the applicable bail period in relation to the person ends a qualifying applicant may apply to a magistrates’ court for it to authorise an extension of the applicable bail period in relation to the person under this section.

(3) If the court is satisfied that—

(a) conditions B to D are met in relation to the person, and

(b) the case does not fall within subsection (8),

it may authorise the applicable bail period to be extended as specified in subsection (4).

(4) The applicable bail period is to end at the end of the period of 3 months beginning with the end of the current applicable bail period in relation to the person.

(5) If the court is satisfied that—

(a) conditions B to D are met in relation to the person, and

(b) the case falls within subsection (8),

it may authorise the applicable bail period to be extended as specified in subsection (6).

(6) The applicable bail period is to end at the end of the period of 6 months beginning with the end of the current applicable bail period in relation to the person.

(7) Where a court has authorised an extension of the applicable bail period in relation to a person under subsection (3) or (5), a qualifying applicant may make further applications under subsection (2) (and subsections (3) to (6) apply accordingly).

(8) A case falls within this subsection if the nature of the decision or further investigations mentioned in condition B means that that decision is unlikely to be made or those investigations completed if the current applicable bail period in relation to the person is not extended as specified in subsection (6).

(9) For the purposes of this section—

(a) references to the current applicable bail period in relation to a person are to the applicable bail period applying to the person when the application under this section is made (subject to section 47ZJ(3)), and

(b) “qualifying applicant” has the same meaning as in section 47ZF.

Sections 47ZF and 47ZG: withholding sensitive information

47ZH

(1) This section applies where a qualifying applicant makes an application to a magistrates’ court under section 47ZF or 47ZG in relation to a person.

(2) The qualifying applicant may apply to the court for it to authorise the specified information to be withheld from the person and any legal representative of the person.

(3) The court may grant an application under subsection (2) only if satisfied that there are reasonable grounds for believing that the specified information is sensitive information.

(4) For the purposes of this section information is sensitive information if its disclosure would have one or more of the following results—

(a) evidence connected with an indictable offence would be interfered with or harmed;

(b) a person would be interfered with or physically injured;

(d) the recovery of property obtained as a result of an indictable offence would be hindered.

(5) In this section “specified information” means the information specified in the application under subsection (2).

Sections 47ZF to 47ZH: proceedings in magistrates’ court

47ZI

(1) An application made to a magistrates’ court under section 47ZF or 47ZG in relation to a person is to be determined by a single justice of the peace on written evidence unless subsection (2) or (3) applies.

(2) This subsection applies if—

(a) the effect of the application would be to extend the applicable bail period in relation to the person so that it ends at or before the end of the period of 24 months beginning with the person’s bail start date, and

(b) a single justice of the peace considers that the interests of justice require an oral hearing.

(3) This subsection applies if—

(a) the effect of the application would be to extend the applicable bail period in relation to the person so that it ends after the end of the period of 24 months beginning with the person’s bail start date, and

(b) the person, or the person who made the application, requests an oral hearing.

(4) If subsection (2) or (3) applies, the application is to be determined by two or more justices of the peace sitting otherwise than in open court.

(5) Where an application under section 47ZF or 47ZG in relation to a person is to be determined as mentioned in subsection (4), the justices may direct that the person and any legal representative of the person be excluded from any part of the hearing.

(6) The justices may give a direction under subsection (5) only if satisfied that there are reasonable grounds for believing that sensitive information would be disclosed at the part of the hearing in question.

(7) An application under section 47ZH is to be determined by a single justice of the peace on written evidence unless the justice determines that the interests of justice require an oral hearing.

(8) If the justice makes a determination under subsection (7)—

(a) the application is to be determined by two or more justices of the peace sitting otherwise than in open court, and

(b) the justices hearing the application must direct that the person to whom the application relates and any legal representative of the person be excluded from the hearing.

(9) In this section “sensitive information” has the meaning given in section 47ZH(4).

Sections 47ZF and 47ZG: late applications to magistrates’ court

47ZJ

(1) This section applies where—

(a) an application under section 47ZF or 47ZG is made to a magistrates’ court before the end of the applicable bail period in relation to a person, but

(b) it is not practicable for the court to determine the application before the end of that period.

(2) The court must determine the application as soon as is practicable.

(3) The applicable bail period in relation to the person is to be treated as extended until the application is determined.

(4) If it appears to the court that it would have been reasonable for the application to have been made in time for it to have been determined by the court before the end of the applicable bail period in relation to the person, it may refuse the application.

Rules

47ZK

Criminal Procedure Rules may make provision in connection with applications under sections 47ZF, 47ZG and 47ZH and the proceedings for determining such applications.

Applicable bail period and bail return date: special case of release on bail under section 37(7)(a) or 37C(2)(b)

47ZL

(1) This section applies where a person is released on bail under section 37(7)(a) or 37C(2)(b).

(2) The running of the applicable bail period in relation to the person—

(a) does not begin (in the case of a first release on bail), or

(b) is suspended (in any other case),

(subject to subsection (6)).

(3) Accordingly section 47ZA does not apply to the exercise of the power mentioned in section 47ZA(1) when releasing the person on bail.

(4) Subsections (5) and (6) apply if a DPP request is made in relation to the person.

(5) A custody officer must exercise the power mentioned in section 47(4A) to appoint a different time for the person to attend at the police station (and section 47(4B) to (4D) applies accordingly).

(6) The applicable bail period in relation to the person—

(a) begins to run on the day on which the DPP request is made (in the case of a first release on bail), or

(b) resumes running on that day (in any other case).

(7) Subsection (8) applies where—

(a) a DPP request has been made in relation to the person, and

(b) the applicable bail period in relation to the person would end before the end of the period of 7 days beginning with the day on which the DPP request was made.

(8) The running of the applicable bail period in relation to the person is suspended for the number of days necessary to secure that the applicable bail period ends at the end of the period of 7 days beginning with the day on which the DPP request was made.

(9) Subsections (10) and (11) apply if the DPP request made in relation to the person is met.

(10) The running of the applicable bail period in relation to the person is suspended.

(11) Accordingly section 47(4D) does not apply to any exercise of the power under section 47(4A).

(12) For the purposes of this section—

(a) a “DPP request”, in relation to a person, means a request by the Director of Public Prosecutions for the further information specified in the request to be provided before the Director decides under section 37B(2) whether there is sufficient evidence to charge the person with the relevant offence,

(b) a DPP request is met when the further information specified in the request is provided, and

(c) references to the case of a first release on bail are to a case where the person has not been released on bail in relation to the relevant offence under any other provision of this Part or under section 30A.

Applicable bail period: special cases of release on bail under section 30A and periods in hospital

47ZM

(1) Subsections (2) and (3) apply where a person was released on bail under section 30A.

(2) The period of 3 months mentioned in section 30B(8) in relation to the person is to be treated as being the period of 3 months mentioned in section 47ZB(1)(b) in relation to the person.

(3) Any reference to the relevant offence, in relation to the person, is to be read as a reference to the offence in respect of which the power in section 30A(1) was exercised.

(4) Subsection (5) applies if, at any time on the day on which the applicable bail period in relation to a person would end, the person is in hospital as an in-patient.

(5) The running of the applicable bail period in relation to the person is to be treated as having been suspended for any day on which the patient was in hospital as an in-patient.

Early administrative hearings conducted by justices’ clerks.

47A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remands to police detention.

48

In section 128 of the Magistrates’ Courts Act 1980—

(a) in subsection (7) for the words “the custody of a constable” there shall be substituted the words “detention at a police station”;

(b) after subsection (7) there shall be inserted the following subsection—

(8) Where a person is committed to detention at a police station under subsection (7) above— (a) he shall not be kept in such detention unless there is a need for him to be so detained for the purposes of inquiries into other offences; (b) if kept in such detention, he shall be brought back before the magistrates’ court which committed him as soon as that need ceases; (c) he shall be treated as a person in police detention to whom the duties under section 39 of the Police and Criminal Evidence Act 1984 (responsibilities in relation to persons detained) relate; (d) his detention shall be subject to periodic review at the times set out in section 40 of that Act (review of police detention).

Police detention to count towards custodial sentence.

49

(1) In subsection (1) of section 67 of the Criminal Justice Act 1967 (computation of custodial sentences) for the words from “period”, in the first place where it occurs, to “the offender” there shall be substituted the words “relevant period, but where he”.

(2) The following subsection shall be inserted after that subsection—

(1A) In subsection (1) above “relevant period” means— (a) any period during which the offender was in police detention in connection with the offence for which the sentence was passed; or (b) any period during which he was in custody— (i) by reason only of having been committed to custody by an order of a court made in connection with any proceedings relating to that sentence or the offence for which it was passed or any proceedings from which those proceedings arose; or (ii) by reason of his having been so committed and having been concurrently detained otherwise than by order of a court.

(3) The following subsections shall be added after subsection (6) of that section—

(7) A person is in police detention for the purposes of this section— (a) at any time when he is in police detention for the purposes of the Police and Criminal Evidence Act 1984; and (b) at any time when he is detained under section 12 of the Prevention of Terrorism (Temporary Provisions) Act 1984. (8) No period of police detention shall be taken into account under this section unless it falls after the coming into force of section 49 of the Police and Criminal Evidence Act 1984.

Records of detention.

50

(1) Each police force shall keep written records showing on an annual basis—

(a) the number of persons kept in police detention for more than 24 hours and subsequently released without charge;

(b) the number of applications for warrants of further detention and the results of the applications; and

(i) the period of further detention authorised by it;

(ii) the period which the person named in it spent in police detention on its authority; and

(iii) whether he was charged or released without charge.

(2) Every annual report—

(a) under section 22 of the Police Act 1996; or

(b) made by the Commissioner of Police of the Metropolis,

shall contain information about the matters mentioned in subsection (1) above in respect of the period to which the report relates.

Interpretation of references to pre-conditions for bail

50A

(1) For the purposes of this Part the following are the pre-conditions for bail in relation to the release of a person by a custody officer—

(a) that the custody officer 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) that the custody officer has considered any representations made by the person or the person’s legal representative.

(2) In determining whether releasing the person on bail is necessary and proportionate in all the circumstances, the custody officer 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 custody officer,

(d) the need to safeguard the person, taking into account any vulnerabilities of the person where these vulnerabilities have been identified by the custody officer, and

(e) the need to manage risks to the public.

Guidance from the College of Policing on pre-charge bail

50B

(1) The College of Policing may, with the approval of the Secretary of State, issue guidance on bail that is granted to a person under Part 3 or this Part (“pre-charge bail”).

(2) Guidance on pre-charge bail may in particular cover—

(a) the exercise of powers to release a person on pre-charge bail;

(b) the exercise of powers to impose or vary conditions of pre-charge bail;

(i) for failing to answer pre-charge bail, or

(ii) for breaching any conditions of pre-charge bail;

(d) the exercise of powers to extend the period of pre-charge bail;

(e) the duty to seek the views of alleged victims about conditions of pre-charge bail.

(3) The College of Policing may, with the approval of the Secretary of State, from time to time revise the whole or any part of its guidance on pre-charge bail.

(4) Before issuing or revising guidance on pre-charge bail, the College of Policing must consult—

(a) the National Police Chiefs’ Council,

(b) such persons as appear to the College to represent the views of local policing bodies, and

(5) The Secretary of State must lay before Parliament any guidance on pre-charge bail issued by the College of Policing, and any revision of such guidance.

(6) The Secretary of State is not required by subsection (5) to lay before Parliament, or may exclude from what is laid, anything the publication of which, in the opinion of the Secretary of State—

(a) could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders, or

(b) could jeopardise the safety of any person.

(7) A person who exercises functions relating to pre-charge bail must have regard to the guidance.

(8) But subsection (7) does not apply to—

(a) a member of the Serious Fraud Office,

(b) a member of staff of the Financial Conduct Authority,

(d) a National Crime Agency officer.

(9) A failure on the part of a person to whom subsection (7) applies to comply with the guidance does not of itself render the person liable to any criminal or civil proceedings.

(10) But guidance on pre-charge bail is admissible in evidence in criminal or civil proceedings and a court may take into account a failure to comply with it in determining a question in the proceedings.

Savings.

51

Nothing in this Part of this Act shall affect—

(a) the powers conferred on immigration officers by section 4 of and Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc.);

(b) the powers conferred by virtue of section 41 or 43B of, or Schedule 7 to, the Terrorism Act 2000 (powers of arrest and detention); ...

(ba) the powers conferred by virtue of Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (powers of detention);

(bb) the powers conferred by virtue of section 27 of and Schedule 6 to the National Security Act 2023;

(d) any right of a person in police detention to apply for a writ of habeas corpus or other prerogative remedy.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52

Part V — Questioning and Treatment of Persons by Police

Abolition of certain powers of constables to search persons.

53

(1) Subject to subsection (2) below, there shall cease to have effect any Act (including a local Act) passed before this Act in so far as it authorises—

(a) any search by a constable of a person in police detention at a police station; or

(b) an intimate search of a person by a constable;

and any rule of common law which authorises a search such as is mentioned in paragraph (a) or (b) above is abolished.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Searches of detained persons.

54

(1) The custody officer at a police station shall ascertain . . . everything which a person has with him when he is—

(a) brought to the station after being arrested elsewhere or after being committed to custody by an order of sentence of a court; or

(b) arrested at the station or detained there , as a person falling within section 34(7), under section 37 above or as a person to whom section 46ZA(4) or (5) applies.

(2) The custody officer may record or cause to be recorded all or any of the things which he ascertains under subsection (1).

(2A) In the case of an arrested person, any such record may be made as part of his custody record.

(3) Subject to subsection (4) below, a custody officer may seize and retain any such thing or cause any such thing to be seized and retained.

(4) Clothes and personal effects may only be seized if the custody officer—

(a) believes that the person from whom they are seized may use them—

(i) to cause physical injury to himself or any other person;

(ii) to damage property;

(iii) to interfere with evidence; or

(iv) to assist him to escape; or

(b) has reasonable grounds for believing that they may be evidence relating to an offence.

(5) Where anything is seized, the person from whom it is seized shall be told the reason for the seizure unless he is—

(a) violent or likely to become violent; or

(b) incapable of understanding what is said to him.

(6) Subject to subsection (7) below, a person may be searched if the custody officer considers it necessary to enable him to carry out his duty under subsection (1) above and to the extent that the custody officer considers necessary for that purpose.

(6A) A person who is in custody at a police station or is in police detention otherwise than at a police station may at any time be searched in order to ascertain whether he has with him anything which he could use for any of the purposes specified in subsection (4)(a) above.

(6B) Subject to subsection (6C) below, a constable may seize and retain, or cause to be seized and retained, anything found on such a search.

(6C) A constable may only seize clothes and personal effects in the circumstances specified in subsection (4) above.

(7) An intimate search may not be conducted under this section.

(8) A search under this section shall be carried out by a constable.

(9) The constable carrying out a search shall be of the same sex as the person searched.

Searches and examination to ascertain identity

54A

(1) If an officer of at least the rank of inspector authorises it, a person who is detained in a police station may be searched or examined, or both—

(a) for the purpose of ascertaining whether he has any mark that would tend to identify him as a person involved in the commission of an offence; or

(b) for the purpose of facilitating the ascertainment of his identity.

(2) An officer may only give an authorisation under subsection (1) for the purpose mentioned in paragraph (a) of that subsection if—

(a) the appropriate consent to a search or examination that would reveal whether the mark in question exists has been withheld; or

(b) it is not practicable to obtain such consent.

(3) An officer may only give an authorisation under subsection (1) in a case in which subsection (2) does not apply if—

(a) the person in question has refused to identify himself; or

(b) the officer has reasonable grounds for suspecting that that person is not who he claims to be.

(4) An officer may give an authorisation under subsection (1) orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(5) Any identifying mark found on a search or examination under this section may be photographed—

(a) with the appropriate consent; or

(b) if the appropriate consent is withheld or it is not practicable to obtain it, without it.

(6) Where a search or examination may be carried out under this section, or a photograph may be taken under this section, the only persons entitled to carry out the search or examination, or to take the photograph, are constables

(7) A person may not under this section carry out a search or examination of a person of the opposite sex or take a photograph of any part of the body of a person of the opposite sex.

(8) An intimate search may not be carried out under this section.

(9) A photograph taken under this section—

(a) may be used by, or disclosed to, any person for any purpose related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution; and

(b) after being so used or disclosed, may be retained but may not be used or disclosed except for a purpose so related.

(10) In subsection —

(a) the reference to crime includes a reference to any conduct which—

(i) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or

(ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences;

and

(b) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.

(11) In this section—

(a) references to ascertaining a person’s identity include references to showing that he is not a particular person; and

(b) references to taking a photograph include references to using any process by means of which a visual image may be produced, and references to photographing a person shall be construed accordingly.

(12) In this section “mark” includes features and injuries; and a mark is an identifying mark for the purposes of this section if its existence in any person’s case facilitates the ascertainment of his identity or his identification as a person involved in the commission of an offence.

(13) Nothing in this section applies to a person arrested under an extradition arrest power.

Searches of persons answering to live link bail

54B

(1) A constable may search at any time—

(a) any person who is at a police station to answer to live link bail; and

(b) any article in the possession of such a person.

(2) If the constable reasonably believes a thing in the possession of the person ought to be seized on any of the grounds mentioned in subsection (3), the constable may seize and retain it or cause it to be seized and retained.

(3) The grounds are that the thing—

(a) may jeopardise the maintenance of order in the police station;

(b) may put the safety of any person in the police station at risk; or

(4) The constable may record or cause to be recorded all or any of the things seized and retained pursuant to subsection (2).

(5) An intimate search may not be carried out under this section.

(6) The constable carrying out a search under subsection (1) must be of the same sex as the person being searched.

(7) In this section “live link bail” means bail granted under Part 4 of this Act subject to the duty mentioned in section 47(3)(b).

Power to retain articles seized

54C

(1) Except as provided by subsections (2) and (3), a constable may retain a thing seized under section 54B until the time when the person from whom it was seized leaves the police station.

(2) A constable may retain a thing seized under section 54B in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence.

(3) If a thing seized under section 54B may be evidence of, or in relation to, an offence, a constable may retain it—

(a) for use as evidence at a trial for an offence; or

(b) for forensic examination or for investigation in connection with an offence.

(4) Nothing may be retained for either of the purposes mentioned in subsection (3) if a photograph or copy would be sufficient for that purpose.

(5) Nothing in this section affects any power of a court to make an order under section 1 of the Police (Property) Act 1897.

(6) The references in this section to anything seized under section 54B include anything seized by a person to whom paragraph 27A of Schedule 4 to the Police Reform Act 2002 applies.

Intimate searches

55

(1) Subject to the following provisions of this section, if an officer of at least the rank of inspector has reasonable grounds for believing—

(a) that a person who has been arrested and is in police detention may have concealed on him anything which—

(i) he could use to cause physical injury to himself or others; and

(ii) he might so use while he is in police detention or in the custody of a court; or

(b) that such a person—

(i) may have a Class A drug concealed on him; and

(ii) was in possession of it with the appropriate criminal intent before his arrest,

he may authorise an intimate search of that person.

(2) An officer may not authorise an intimate search of a person for anything unless he has reasonable grounds for believing that it cannot be found without his being intimately searched.

(3) An officer may give an authorisation under subsection (1) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(3A) A drug offence search shall not be carried out unless the appropriate consent has been given in writing.

(3B) Where it is proposed that a drug offence search be carried out, an appropriate officer shall inform the person who is to be subject to it—

(a) of the giving of the authorisation for it; and

(b) of the grounds for giving the authorisation.

(4) An intimate search which is only a drug offence search shall be by way of examination by a suitably qualified person.

(5) Except as provided by subsection (4) above, an intimate search shall be by way of examination by a suitably qualified person unless an officer of at least the rank of inspector considers that this is not practicable.

(6) An intimate search which is not carried out as mentioned in subsection (5) above shall be carried out by a constable.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.